What types of post-patent proceedings should be reported during supplemental examination?

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.

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Topics: MPEP 2800 - Supplemental Examination, MPEP 2820 - Submission Of Notification Of Other Prior Or Concurrent Post - Patent Office Proceedings, Patent Law, Patent Procedure
Tags: Patent Review Types, Post-Patent Proceedings, supplemental examination, USPTO notification