What types of items can be submitted for supplemental examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

According to MPEP 2809, a wide range of items can be submitted for supplemental examination, including:

  • Patents
  • Published patent applications
  • Non-patent literature
  • Office actions or other documents from a foreign or domestic application
  • Affidavits or declarations
  • Sales receipts
  • Copies of websites
  • Office actions or official documents from the USPTO

The MPEP states: “An “item of information” may be a document submitted as part of an information disclosure statement, or a statement by the patent owner which is not embodied in a document.” This broad definition allows for various types of evidence to be considered during supplemental examination.

Topics: MPEP 2800 - Supplemental Examination MPEP 2809 - Items Of Information Patent Law Patent Procedure
Tags: Examination Authority, Reexamination Order, Supplemental Exam Content, Unintentional Delay Standard