What types of post-patent proceedings should be reported during supplemental examination?
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 2820, patent owners should report various types of post-patent proceedings during supplemental examination. These include:
- Ex parte reexamination
- Inter partes reexamination
- Reissue
- Supplemental examination
- Post-grant review
- Inter partes review
- Covered business method patent review
The MPEP states: “The notice is limited to an identification of the post-patent Office proceeding, including the type (e.g., ex parte or inter partes reexamination, reissue, supplemental examination, post-grant review, inter partes review, or covered business method patent review), an identifying number, such as a control number or reissue application number, and the filing date of the other post-patent Office proceeding.“
It’s important to report any and all post-patent proceedings that involve the patent under supplemental examination, regardless of their type or status.