MPEP § 2814 — MPEP § 2814
Current through: 2022-07-01

2814-Interviews Are Prohibited 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2814 
 

 
 
 
 
 
 2814 Interviews Are Prohibited [R-11.2013]

 
 37 CFR 1.620 Interviews Are Prohibited 

 *****

 
 (e) Interviews are prohibited in a supplemental
 examination proceeding.
 

 
 *****

 

 37 CFR
 1.620(e) prohibits interviews in a supplemental examination
 proceeding. This requirement will assist the Office to process the request for supplemental
 examination within the three-month statutory period. Any paper requesting an interview that
 is filed in a supplemental examination proceeding is an unauthorized paper, and will be
 expunged from the file if inadvertently entered. A telephone call to the Office to confirm
 receipt of a request for supplemental examination, or to discuss general procedural
 questions, is not considered to be an interview for the purposes of this provision. This
 prohibition against interviews applies only to supplemental examination proceedings.
 Interviews conducted in connection with any ex parte reexamination
 ordered under 35 U.S.C. 257 as a result of the supplemental examination proceeding
 are governed by the regulations governing ex parte reexamination
 proceedings. See, e.g., 37 CFR 1.560 . Specifically, interviews are generally permitted to
 discuss issues of patentability, which are directly addressed during any ex
 parte reexamination proceeding ordered under 35 U.S.C.
 257 , and not during the supplemental examination proceeding.
 

 [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