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 2819 Discovery of Possible Material Fraud

MPEP SECTION SUMMARY

Addresses discovery of possible material fraud on the Office in connection with the patent. Supplemental examination or any ex parte reexamination proceeding will continue and the matter will be referred to the U.S. Attorney General.

 

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(g) If the Office becomes aware, during the course of supplemental examination or of any reexamination ordered under 35 U.S.C. 257 as a result of the supplemental examination proceeding, that a material fraud on the Office may have been committed in connection with the patent requested to be examined, the supplemental examination proceeding or any reexamination proceeding ordered under 35 U.S.C. 257 will continue, and the matter will be referred to the U.S. Attorney General in accordance with 35 U.S.C. 257(e).


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

MPEP SECTION SUMMARY

The patent owner must, as soon as possible after discovery of any other prior or concurrent post-patent Office proceeding involving the patent, file a paper limited to notifying the Office of the post-patent Office proceeding.

 

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(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).

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 2821 Multiple Post-Patent Office Proceedings

MPEP SECTION SUMMARY

Generally, supplemental examination proceedings will not be merged, however, the Office reserves its option to merge proceedings as circumstances arise. If multiple post-patent proceedings are simultaneously filed any determination of which proceedings to initiate, and when, will be made on a case-by-case basis.


 2822 Assignment of the Supplemental Examination Proceeding

MPEP SECTION SUMMARY

Supplemental examination requests will be assigned to the CRU in the same manner in which reexamination requests are assigned.

 

» 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