MPEP § 2810 — MPEP § 2810
Current through: 2022-07-01

2810-Fees Due on Filing a Supplemental Examination Request 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2810 
 

 
 
 
 
 
 2810 Fees Due on Filing a Supplemental Examination
 Request [R-01.2024]
 

 
 37 CFR 1.610 Content of request for supplemental examination. 

 
 (a) A request for supplemental examination must be
 accompanied by the fee for filing a request for supplemental examination as set
 forth in § 1.20(k)(1) , the fee for
 reexamination ordered as a result of a supplemental examination proceeding as set
 forth in § 1.20(k)(2) , and any
 applicable document size fees as set forth in §
 1.20(k)(3) .
 

 
 *****

 
 (d) The filing date of a request for supplemental
 examination will not be granted if the request is not in compliance with
 §§
 1.605 , 1.615 , and this section,
 subject to the discretion of the Office. If the Office determines that the
 request, as originally submitted, is not entitled to a filing date, the patent
 owner will be so notified and will be given an opportunity to complete the request
 within a specified time. If the patent owner does not timely comply with the
 notice, the request for supplemental examination will not be granted a filing date
 and the fee for reexamination as set forth in §
 1.20(k)(2) will be refunded. If the patent owner timely
 files a corrected request in response to the notice that properly addresses all of
 the defects set forth in the notice and that otherwise complies with all of the
 requirements of §§ 1.605 , 1.615 , and this section, the filing date of the
 supplemental examination request will be the receipt date of the corrected
 request. 
 

 
 

 Consistent with the requirement in 35 U.S.C.
 257(d) to establish fees, 37 CFR
 1.610(a) requires that the request be accompanied by the fee for
 filing a request for supplemental examination as set forth in 37 CFR
 1.20(k)(1) , the fee for ex parte reexamination
 ordered as a result of a supplemental examination proceeding as set forth in
 37 CFR
 1.20(k)(2) , and any applicable document size fees as set forth in
 37 CFR
 1.20(k)(3) . These fees qualify for a 60 percent reduction for small
 entities and an 80 percent reduction for micro entities. See Reducing Patent Fees
 for Small Entities and Micro Entities Under the Unleashing American Innovators Act of
 2022, 88 FR 17147 (March 22, 2023). See MPEP §
 509.04 .
 

 If all of the required fees for supplemental examination are
 not paid at the time the request is filed, the request will be considered to be defective,
 and a filing date will not be granted. See 37 CFR 1.610(d) and
 MPEP §
 2812.01 et seq. If, after notification of the failure to pay all of the required
 fees, the fees are not timely received, then the request will not receive a filing date,
 the processing of the request will be terminated, and a refund in accordance with
 37 CFR
 1.610(d) of any fees paid will be made to the patent owner. 
 

 The fee under 37 CFR 1.20(k)(2) for ex
 parte reexamination ordered as a result of a supplemental examination
 proceeding will be refunded, in accordance with 37 CFR
 1.610(d) , if the supplemental examination certificate indicates that
 no substantial new question of patentability (SNQ) was raised by any of the items of
 information properly submitted as part of the request, and reexamination is not ordered. 
 

 
 2810.01 Document Size Fees [R-01.2024]

 The document size fees, as set forth in 37 CFR
 1.20(k)(3) , are only applicable to non-patent documents having
 greater than 20 pages. Non-patent documents having 20 pages or less are not subject to
 the document size fees. Non-patent documents include, for example, non-patent
 literature, transcripts of audio or video recordings, and court documents. Patent
 documents, such as U.S. patents, U.S. patent application publications, published
 international patent applications, and foreign patents and patent application
 publications, are not subject to the document size fees. Translations of non-English
 language patent documents are also “patent documents” within the meaning of the rule,
 and are not subject to the document size fees. 
 

 Each non-patent document will be separately subject to
 the document size fees if greater than 20 pages. For example, each non-patent document
 attached to a declaration as an exhibit will be subject to its own document size fees if
 the document is greater than 20 pages. Thus, a 21-page journal article, which is
 designated as an exhibit to a declaration under 37 CFR 1.132 , is considered to be a
 separate document for the purposes of the document size fees and its pages will be
 counted separately from the pages of the declaration.
 

 Non-patent documents having 21–50 pages are subject to the
 fee pursuant to 37 CFR 1.20(k)(3)(i) , per document.
 Non-patent documents having greater than 50 pages are, in addition, subject to a
 document size fee for each additional 50-page increment, or a fraction thereof, per
 document, pursuant to 37 CFR 1.20(k)(3)(ii) . 
 

 The document size fees will not be pro-rated. For example,
 if a request for supplemental examination included a 51-page non-patent document and a
 99-page non-patent document, the same total fee would be due for each document.
 

 Blank pages will be counted. The Office uses an automatic
 page counter that does not subtract blank pages from the total page count for the
 non-patent document. This policy is consistent with the Office policy for application
 size fees.
 

 
 Examples 

 Document Size Fee for Each Non-Patent Document Having 21–50 Pages 

 A request for supplemental examination includes eight
 documents: two U.S. patents, one U.S. patent application publication, one published
 international patent application, one Japanese published application, two journal
 articles, and a court document. The Japanese published application is not in the
 English language. For this reason, the request also includes a ninth document, which
 is a 22-page translation of the Japanese published application. The first journal
 article is 20 pages long, the second journal article is 25 pages long, and the court
 document is 50 pages long.
 

 In this example, the U.S. patents, the U.S. patent
 application publication, the published international patent application, and the
 Japanese published application and its 22-page translation, are all patent documents,
 and therefore are not subject to the document size fees.
 

 In this example, there are three non-patent documents.
 The 20-page journal article is not subject to the document size fees because it has
 only 20 pages. However, there are two documents which are subject to the document
 size fee for non-patent documents which have 21–50 pages: the 25-page journal article
 and the 50-page court document. Therefore, the request should be accompanied by a
 payment equivalent to two document size fees pursuant to 37 CFR
 1.20(k)(3)(i) . None of the non-patent documents have greater
 than 50 pages, and therefore none are subject to the document size fee pursuant to
 37 CFR
 1.20(k)(3)(ii) .
 

 In this example, the number “2” is entered into the
 box labeled “Total Quantity” in the below table for the number of documents subject
 to the fee for non-patent documents having 21–50 pages. 
 

 
 
 
 
 
 
 21-50 pages

 
 
 Each additional 50 pages or a
 fraction
 

 
 

 
 
 
 
 25-page journal article

 
 
 1

 
 
 

 
 
 50-page court document

 
 
 1

 
 
 

 
 
 
 __

 
 
 __ 

 
 

 
 
 Total Quantity

 
 
 2

 
 
 0

 
 

 
 
 Document Size Fee for Each Additional 50-Page Increment, Per Document 

 A request for supplemental examination includes six
 documents: one U.S. patent, one 21-page journal article, one 30-page declaration
 under 37 CFR
 1.132 , one 2-page invoice or sales receipt, one 55-page
 transcript of an audio or video recording, and one 148-page copy of a catalog. The
 2-page invoice or sales receipt is designated as an exhibit to the 30-page
 declaration. 
 

 In this example, there are two documents that are not
 subject to the document size fees. The U.S. patent is a patent document, and is
 therefore not subject to the document size fees. The 2-page invoice or sales receipt
 is considered to be a separate document for the purposes of the document size fees,
 even though it is designated as an exhibit to the declaration. It is not subject to
 the document size fee because it has 20 pages or less. (If the declaration designated
 as an exhibit included one or more non-patent documents each having greater than 20
 pages, then each of the greater-than-20-page exhibits would be subject to the
 document size fees.) 
 

 The remaining documents are subject to the document
 size fees, which are calculated as follows: 
 

 
 
 
 
 
 
 21-50 pages

 
 
 Each additional 50 pages or a fraction
 
 

 
 

 
 
 
 
 21-page journal article

 
 
 1

 
 
 

 
 
 30-page declaration

 
 
 1

 
 
 

 
 
 55-page transcript of audio or video
 recording
 

 
 
 1

 
 
 1

 
 

 
 
 148-page catalog

 
 
 1

 
 
 2

 
 

 
 
 
 __ 

 
 
 __ 

 
 

 
 
 Total Quantity

 
 
 4

 
 
 3

 
 

 
 
 In this example, the 21-page journal article and the
 30-page declaration are each subject to the fee for a non-patent document having
 21-50 pages. The 55-page transcript and the 148-page catalog also include pages
 21-50, and are subject to the same fee. (The number “4” is entered into the box
 labeled “Total Quantity” in the above table for the number of documents subject to
 the fee for non-patent documents having 21–50 pages). 
 

 In addition, the 55-page transcript and the 148-page
 catalog each have greater than 50 pages, and therefore include all, or a fraction, of
 at least one additional 50-page increment. The 55-page transcript includes only one
 (5-page) fraction of a 50-page increment greater than 50 pages. The 148-page catalog
 includes two 50-page increments (or a fraction thereof): one for pages 51–100, and a
 second one for pages 101–148. (The number “3” is entered in the box labeled “Total
 Quantity” in the above table for the number of documents having additional 50-page
 increments or a fraction thereof).
 

 Therefore, in this example, the request should be
 accompanied by a payment equivalent to four times the document size fee pursuant to
 37 CFR
 1.20(k)(3)(i) , plus three times the document size
 fee pursuant to 37 CFR 1.20(k)(3)(ii) .
 

 Note: If the request in the above example also included a 562-page textbook, the
 document size fees for that document would include one fee under 37 CFR
 1.20(k)(3)(i) for pages 21-50, and, in addition, the equivalent
 of eleven fees under 37 CFR 1.20(k)(3)(ii) for pages
 51-562. The total document size fee for the 562-page textbook would be added to the
 total for all of the documents in the above example. If the 562-page textbook were
 designated as an exhibit to the 30-page declaration, the fee total would be the same,
 because the textbook would be considered as a separate document for the purposes of
 calculating the document size fees, even though it is designated as an exhibit to a
 declaration.
 

 Patent owners are encouraged to redact lengthy
 documents to include only the relevant portions, unless the redaction would remove
 context such that the examiner would not be provided with a full indication of the
 relevance of the information.
 

 

 

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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