MPEP § 2823 — MPEP § 2823
Current through: 2022-07-01

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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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2823 
 

 
 
 
 
 
 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 [R-11.2013]
 

 Ex parte reexamination ordered under 35 U.S.C.
 257 , i.e., as a result of a supplemental examination, will be
 conducted in accordance with regulations and procedures that govern ex parte
 reexamination ordered pursuant to 35 U.S.C. 302 (e.g., 37 CFR 1.530 through
 37 CFR
 1.570 ), except that: 
 

 
 (1) the patent owner will not have the right to file a
 statement pursuant to 37 CFR 1.530 , and the order will
 not set a time period within which to file such a statement; 
 

 (2) the patent owner cannot file an amendment to the
 patent until after supplemental examination is concluded and after the issuance of an
 initial Office action on the merits in any ex parte reexamination
 proceeding ordered under 35 U.S.C. 257 ;
 

 (3) ex parte reexamination of any claim of the patent may be conducted
 on the basis of any item of information as set forth in 37 CFR
 1.605 , and is not limited to patents and printed publications
 or to subject matter that has been added or deleted during a reexamination
 proceeding, which differs from the provisions of 37 CFR 1.552(a) ; 
 

 (4) issues in addition to those raised by patents and
 printed publications and by subject matter added or deleted during an ex
 parte reexamination proceeding may be considered and resolved, which
 differs from 37 CFR
 1.552(c) ; and
 

 (5) information material to patentability will be defined
 by 37 CFR
 1.56(b) for an ex parte reexamination
 proceeding resulting from a 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 20:49:41