MPEP § 2808 — MPEP § 2808
Current through: 2022-07-01

2808-Time for Requesting Supplemental Examination 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2808 
 

 
 
 
 
 
 2808 Time for Requesting Supplemental
 Examination [R-11.2013]
 

 
 37 CFR 1.601 Filing of papers in supplemental examination. 

 *****

 
 (c) A request for supplemental examination of a patent
 may be filed at any time during the period of enforceability of the patent.
 

 
 

 Under 37 CFR 1.601(c) , a patent owner may, at
 any time during the period of enforceability of a patent, file a request for supplemental
 examination. This period was set by rule, because the Office believes that Congress could
 not have intended the Office to expend resources on the supplemental examination of a
 patent which cannot be enforced. The enforceability period is generally determined by
 adding six years to the date on which the patent expires, but the period may be extended if
 litigation is pending. Specifically, if litigation is instituted within the statute of
 limitations (see 35
 U.S.C. 286 ), requests for supplemental examination may be filed after
 the statute of limitations has expired, as long as the patent is still enforceable against
 someone.
 

 It is the responsibility of the patent owner to determine
 the expiration date of the patent for which supplemental examination is requested. For
 example, the expiration date of a utility patent may be determined by taking into account
 the term of the patent, whether maintenance fees have been paid for the patent, whether any
 disclaimer was filed as to the patent to shorten its term, any patent term extensions or
 adjustments for delays within the Office under 35 U.S.C. 154 (see
 MPEP §
 2710 , et seq. ), and any patent term extensions
 available under 35 U.S.C.
 156 for premarket regulatory review (see MPEP § 2750 et seq. ). Any other relevant information should also be taken into
 account.
 

 [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