What should patent practitioners avoid when inquiring about supplemental examinations?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Patent practitioners should avoid making improper inquiries to USPTO personnel regarding specific supplemental examination proceedings. The MPEP 2803.01 advises: “Patent practitioners (or other members of the public) must not address improper inquiries to members of the patent examining corps and to the Office as a whole.” Improper inquiries include questions about whether certain evidence was considered or would have raised a substantial new question of patentability in a specific case. Practitioners should understand that refusal to answer such inquiries is not discourteous but a necessary part of maintaining the integrity of the examination process.