What should patent practitioners avoid when inquiring about supplemental examinations?
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.
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Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2803.01 - Inquiries From Persons Other Than The Patent Owner,
Patent Law,
Patent Procedure