MPEP § 2805 — MPEP § 2805
Current through: 2022-07-01

2805-Correspondence with Patent Owner; Patent Owner Address 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2805 
 

 
 
 
 
 
 2805 Correspondence with Patent Owner; Patent Owner
 Address [R-07.2022]
 

 The correspondence address of record for the patent for
 which supplemental examination is requested is the correct address for all notices,
 official letters, and other communications for patent owners in supplemental examination
 proceedings. This is consistent with reexamination practice. See, e.g., 37 CFR
 1.33(c) . For this reason, the correspondence address of record in the file of the patent for which supplemental examination is
 requested will be utilized by the Office as the address of the patent owner when mailing any
 communications in supplemental examination proceedings, and in any resulting ex
 parte reexamination proceedings.
 

 If the patent owner desires the Office to send correspondence
 to a registered attorney or agent other than the attorney or agent of record in the file of
 the patent for which reexamination is requested, then a new power of attorney must be filed
 in both : 1) the file of the patent for which supplemental examination is
 requested; and 2) the file of the supplemental examination proceeding, or, if
 reexamination is ordered, in the resulting ex parte reexamination
 proceeding. Patent owners are strongly encouraged to use form PTO/AIA/81B when submitting a
 power of attorney and/or change of correspondence address in a supplemental examination
 proceeding or a reexamination proceeding. 
 

 After a request for supplemental examination has been filed,
 and/or after any ex parte reexamination resulting from the supplemental
 examination has been ordered, any submissions to the Office to change the power of attorney
 or the correspondence address should be addressed as set forth in MPEP §
 2806 . Use of form PTO/AIA/81B is encouraged. If, however, the
 supplemental examination proceeding and any resulting reexamination proceeding is no longer
 pending, then such submissions should be addressed to Mail Stop Post Issue, Director of the
 U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
 

 A submission requesting a change of correspondence address
 may be signed by all of the patent owners (see MPEP §
 2803 ) or by the registered attorney or agent of record
 in the file of the patent under supplemental examination. If the
 application which became the patent under supplemental examination was filed on or after
 September 12, 2012, a patent practitioner acting in a representative capacity whose
 correspondence address is the correspondence address of record in the file of
 the patent under supplemental examination may file a change of
 correspondence address, provided that the change of correspondence address is accompanied
 by a statement in accordance with 37 CFR 1.33(g) . 
 

 Papers filed on behalf of patent owners must be signed by
 the patent owners, by the registered attorney or agent of record in the patent file, or by
 any registered attorney or agent acting in a representative capacity under
 37 CFR
 1.34 . See MPEP § 2804 . Double correspondence with
 the patent owner and the attorney or agent will not normally be undertaken by the
 Office.
 

 The following is a copy of form PTO/AIA/81B, which may be
 used for changing a power of attorney and/or a correspondence address in a supplemental
 examination proceeding and, if desired, simultaneously in the file of the patent. 
 

 

 

 

 

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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