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.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2820 - Submission Of Notification Of Other Prior Or Concurrent Post - Patent Office Proceedings,
Patent Law,
Patent Procedure