MPEP § 2820 — MPEP § 2820
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2820 
 

 
 
 
 
 
 2820 Submission of Notification of Other Prior or
 Concurrent Post-Patent Office Proceedings [R-11.2013]
 

 
 37 CFR 1.620 Conduct of supplemental examination proceeding. 

 *****

 
 (d) The patent owner must, as soon as possible upon the
 discovery of any other prior or concurrent post-patent Office proceeding involving
 the patent for which the current supplemental examination is requested, file a
 paper limited to notifying the Office of the post-patent Office proceeding, if
 such notice has not been previously provided with the request. The notice shall be
 limited to an identification of the post-patent Office proceeding, including the
 type of proceeding, the identifying number of any such proceeding (e.g., a control
 number or reissue application number), and the filing date of any such proceeding,
 without any discussion of the issues of the current supplemental examination
 proceeding or of the identified post-patent Office proceeding(s). 
 

 
 *****

 

 37 CFR
 1.620(d) requires that the patent owner must, as soon as possible
 upon the discovery of any other prior or concurrent post-patent Office proceeding involving
 the patent for which the current supplemental examination is requested, file a paper
 limited to notifying the Office of the post-patent Office proceeding, if such notice has
 not been previously provided with the request. The Office anticipates that a patent for
 which supplemental examination is requested may be involved in other post-patent Office
 proceedings, including another supplemental examination proceeding. Knowledge of other
 proceedings is important to ensure a quality determination. In addition, notice is required
 due to the statutory three-month period within which the Office must conclude the
 supplemental examination. The notice is limited to an identification of the post
 patent Office proceeding, including the type (e.g., ex
 parte or inter partes reexamination, reissue, supplemental
 examination, post-grant review, inter partes review, or covered business
 method patent review), an identifying number , such as a control
 number or reissue application number, and the filing date of the other
 post-patent Office proceeding . The notice may not include further arguments
 or information, including any discussion of the issues present in the current supplemental
 examination proceeding or in the identified post-patent Office proceeding(s). A
 notice pursuant to 37 CFR 1.620(d) must not include
 copies of papers filed in a prior or concurrent Office proceeding . If the
 paper containing the notice is not so limited, the paper will be held to be improper, and
 will be processed as an unauthorized paper pursuant to 37 CFR
 1.620(c) . 
 

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 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