MPEP § 2817 — MPEP § 2817
Current through: 2022-07-01

2817-Conclusion of Supplemental Examination 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2817 
 

 
 
 
 
 
 2817 Conclusion of Supplemental Examination [R-11.2013]

 
 37 CFR 1.625 Conclusion of supplemental examination; publication of supplemental examination
 certificate; procedure after conclusion. 

 
 (a) A supplemental examination proceeding will conclude
 with the electronic issuance of a supplemental examination certificate. The
 supplemental examination certificate will indicate the result of the determination
 whether any of the items of information presented in the request raised a
 substantial new question of patentability. 
 

 
 *****

 

 35 U.S.C.
 257(a) requires that supplemental examination
 
 "shall conclude with the issuance of a certificate indicating whether
 the information presented in the request raises a substantial new question of
 patentability."
 
 
 A supplemental examination proceeding is initiated
 by the filing of a request for supplemental examination that complies with
 35 U.S.C.
 257 and 37 CFR 1.601 et seq., and all other applicable rules, and ends with the electronic
 issuance of the supplemental examination certificate. The supplemental examination
 certificate will state the result of the Office’s determination whether any of the items of
 information submitted as part of the request raises a SNQ. 
 

 If the supplemental examination certificate states that a SNQ
 is raised by one or more of the items of information submitted as part of the request,
 ex parte reexamination of the patent will be ordered under
 35 U.S.C.
 257 . In other words, if the supplemental examination certificate
 states that a SNQ is raised, an ex parte reexamination proceeding will
 be initiated after the conclusion of the supplemental examination proceeding. If, however,
 the supplemental examination certificate states that no substantial new question of
 patentability is raised in the request, then an ex parte reexamination
 proceeding will not be initiated at the conclusion of the
 supplemental examination proceeding. 
 

 
 2817.01 Processing and Electronic Issuance of
 Supplemental Examination Certificate [R-07.2022]
 

 After the examiner has prepared the Supplemental
 Examination Certificate and the Reasons for Substantial New Question of Patentability
 Determination ("reasons document"), these documents, and the supplemental examination
 file, are referred to the Central Reexamination Unit (CRU) Legal Instrument Examiner
 (LIE) for coordinating the clerical processing carried out by the technical support
 staff.
 

 The Supplemental Examination Certificate and the reasons
 document are made of record in the electronic file of the supplemental examination
 proceeding. Copies of both documents are also mailed to the patent owner.
 

 The supplemental examination certificate will be
 electronically issued in the Office’s electronic Image File Wrapper system and will be
 visible in Patent Center within three months of the filing date of the request.
 Electronic issuance of the supplemental examination certificate will permit the Office
 to issue the certificate within the three-month statutory period and will permit
 sufficient time to review the items of information submitted as part of the request. The
 certificate will be viewable by the public in Patent Center. 
 

 The electronically issued supplemental examination
 certificate will display the filing date of the request. The electronically issued
 supplemental examination certificate will also list each of the items of information
 properly submitted as part of the request, and state whether the request raises a SNQ
 affecting at least one claim of the patent. 
 

 If the supplemental examination certificate indicates
 that a SNQ is raised in the request, ex parte reexamination of the
 patent will be ordered under 35 U.S.C. 257 . Upon the conclusion
 of the ex parte reexamination proceeding, an ex
 parte reexamination certificate, which will include a statement specifying
 that ex parte reexamination was ordered under 35 U.S.C.
 257 , will be published as an attachment to the patent by the
 Office’s patent publication process in accordance with established ex
 parte reexamination practice (see 37 CFR 1.570 ). The electronically
 issued supplemental examination certificate will also remain as part of the public
 record for the patent. 
 

 If the supplemental examination certificate indicates
 that no SNQ is raised in the request, the electronically issued supplemental examination
 certificate, which will remain as part of the public record for the patent, will also be
 published in due course by the Office’s patent publication process as an attachment to
 the patent. The fee for reexamination ordered as a result of supplemental examination,
 as set forth in 37 CFR 1.20(k)(2) , will be refunded
 in accordance with 37 CFR 1.610(d) .
 

 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2801-Introduction 

 2802-Supplemental Examination 

 2803-Persons Who May File a Request for Supplemental Examination 
 2803.01-Inquiries from Persons Other Than the Patent Owner 

 2803.02-Public Access 

 
 

 2804-Representative of Patent Owner 
 2804.01-Withdrawal of Attorney or Agent 

 
 

 2805-Correspondence with Patent Owner; Patent Owner Address 

 2806-How to File Papers in a Supplemental Examination Proceeding and in Any Resulting Ex Parte Reexamination Proceeding 

 2807-Format of Papers Filed in a Supplemental Examination Proceeding 

 2808-Time for Requesting Supplemental Examination 

 2809-Items of Information 
 2809.01-Information Relating to the Correction of Factual Information 

 
 

 2810-Fees Due on Filing a Supplemental Examination Request 
 2810.01-Document Size Fees 

 
 

 2811-Content of Request for Supplemental Examination 
 2811.01 -Detailed Explanation of the Relevance and Manner of Applying Each Item of Information 

 2811.02 -Optional Content 

 
 

 2812-Initial Processing of a Request for Supplemental Examination 
 2812.01 -Filing Date of the Request 

 2812.02-Noncompliant Request for Supplemental Examination 

 2812.03 -Corrected Request 

 2812.04 -Termination Due to Defective/Improper Request or Corrected Request 

 
 

 2813-Handling of Papers, Other Than a Request, in a Supplemental Examination Proceeding 
 2813.01 -Amendments 

 
 

 2814-Interviews Are Prohibited 

 2815-Time for Deciding Request 

 2816-Determination on the Request 
 2816.01 -Claims Considered in Making the Determination 

 2816.02 -Criteria for Making the Determination 

 2816.03 -Content of the Determination 

 2816.04 -Effect of the Determination 

 
 

 2817-Conclusion of Supplemental Examination 
 2817.01 -Processing and Electronic Issuance of Supplemental Examination Certificate 

 
 

 2818-Procedure after Conclusion of Supplemental Examination 
 2818.01 -After Determination Finding a Substantial New Question of Patentability 

 2818.02 -After Determination Finding No Substantial New Question of Patentability 

 
 

 2819-Discovery of Possible Material Fraud 

 2820-Submission of Notification of Other Prior or Concurrent Post-Patent Office Proceedings 

 2821-Multiple Post-Patent Office Proceedings 

 2822-Assignment of the Supplemental Examination Proceeding 

 2823-Differences Between an Ex Parte Reexamination Proceeding Ordered Pursuant to 35 U.S.C. 257 and an Ex Parte Reexamination Proceeding
 Ordered Pursuant to 35 U.S.C. 302 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:50