When did supplemental examination become available?

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.

Supplemental examination became available on September 16, 2012. This new procedure was introduced as part of the Leahy-Smith America Invents Act (AIA). The MPEP states:

“Supplemental examination became available on September 16, 2012, as a result of new section 257 of Title 35, United States Code, which was added by Public Law 112-29, enacted on September 16, 2011, known as the Leahy-Smith America Invents Act (AIA).”

The rules of practice for supplemental examination were officially promulgated on August 14, 2012, and published in the Federal Register at 77 Fed. Reg. 48828-48853.