What types of items can be submitted for supplemental examination?

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.

To learn more:

Topics: MPEP 2800 - Supplemental Examination, MPEP 2809 - Items Of Information, Patent Law, Patent Procedure
Tags: Items Of Information, non-patent literature, patent documents, supplemental examination, Uspto Documents