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