MPEP § 2815 — MPEP § 2815
Current through: 2022-07-01

2815-Time for Deciding Request 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2800 

 Section 2815 
 

 
 
 
 
 
 2815 Time for Deciding Request [R-11.2013]

 
 37 CFR 1.620 Conduct of supplemental examination proceeding. 

 
 (a) Within three months after the filing date of a
 request for supplemental examination, the Office will determine whether a
 substantial new question of patentability affecting any claim of the patent is
 raised by any of the items of information presented in the request. The
 determination will generally be limited to a review of the item(s) of information
 identified in the request as applied to the identified claim(s) of the patent. The
 determination will be based on the claims in effect at the time of the
 determination and will become a part of the official record of the patent. 
 

 
 *****

 

 Within 3 months following the filing date of a request for
 supplemental examination, the examiner will determine whether a SNQ affecting any claim of
 the patent is raised by any of the items of information properly presented in the request.
 See 35 U.S.C.
 257(a) and 37 CFR 1.620(a) . A supplemental
 examination proceeding concludes with the issuance of a supplemental examination
 certificate, indicating the results of the examiner’s determination. If the three-month
 period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then
 the certificate should issue by the preceding business day.
 

 The examiner should take up a request about 6 weeks after
 the request’s filing date. A determination on the supplemental examination request may be
 made at any time during the period of enforceability of a patent. See MPEP §
 2808 .
 

 [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