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 2804 Representative of Patent Owner

MPEP SECTION SUMMARY

An attorney or agent, who files a request on behalf of a patent owner, may act under a power of attorney under 37 CFR 1.32 or under a representative capacity under 37 CFR 1.34. Correspondence from the Office will be directed to the patent owner at the address indicated in the patent file.

 

 2804.01   Withdrawal of Attorney or Agent

MPEP SECTION SUMMARY

A practitioner can withdraw from representation in a patent, supplemental examination proceeding, or a reexamination proceeding, pursuant to 37 CFR 11.116(d), by taking steps to the extent reasonably practicable to protect a client’s interests.


 2805 Correspondence with Patent Owner; Patent Owner Address

MPEP SECTION SUMMARY

The correspondence address will be the address in the file of the patent for which supplemental examination is requested. If the patent owner desires the Office to send correspondence to a different address, then a new power of attorney must be filed in the patent for which supplemental examination is requested and in the supplemental examination proceeding, or in the resulting ex parte reexamination proceeding, if ordered.


 2806 How to File Papers in a Supplemental Examination Proceeding and in Any Resulting Ex Parte Reexamination Proceeding

MPEP SECTION SUMMARY

This section covers the filing of papers in a supplemental examination proceeding. Essentially, a request for supplemental examination should be deposited as a new, separate, and independent submission.

A request for supplemental examination should be deposited as a new, separate, and independent submission, and not in the file of the patent for which supplemental examination is requested, or any other application, patent, or proceeding.

  • A supplemental examination proceeding is separate and distinct from any  ex parte reexamination proceeding resulting from it; even though any resulting  ex parte reexamination proceeding will retain the same control number.

Patent owners may submit papers in a supplemental examination proceeding via the Offices Web-based electronic filing system (EFS-Web) and how to electronically file a new request.

  • The Office will accept a paper form request and any other paper(s) filed in the proceeding.
  • Requests for supplemental examination may not be facsimile-transmitted.

 2807    Format of Papers Filed in a Supplemental Examination Proceeding

MPEP SECTION SUMMARY

All papers submitted in a supplemental examination proceeding must be formatted in accordance with 37 CFR 1.52. Court documents and non-patent literature may be redacted, but must otherwise be identical both in content and in format to the original documents, and if a court document, to the document submitted in court, and must not otherwise be reduced in size or modified, particularly in terms of font type, font size, line spacing, and margins.

 

(a) All papers submitted in a supplemental examination proceeding must be formatted in accordance with § 1.52.
(b) Court documents and non-patent literature may be redacted, but must otherwise be identical both in content and in format to the original documents, and, if a court document, to the document submitted in court, and must not otherwise be reduced in size or modified, particularly in terms of font type, font size, line spacing, and margins. Patents, patent application publications, and third-party-generated affidavits or declarations must not be reduced in size or otherwise modified in the manner described in this paragraph.


 2808 Time for Requesting Supplemental Examination

MPEP SECTION SUMMARY

A patent owner may, at any time during the period of enforceability of a patent, file a request for supplemental examination.

 

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(c) A request for supplemental examination of a patent may be filed at any time during the period of enforceability of the patent.


 

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