What is Supplemental Examination?
Supplemental examination (SE) gives patent owners a proactive
tool to have the USPTO consider, reconsider, or correct
information that the patent owner believes is relevant
to the patent. 35 U.S.C. § 257(a). The information
that may be submitted with a supplemental examination request is
not limited and includes any and all information that could be
relevant to an allegation of inequitable conduct or unclean
hands.
The benefit of supplemental examination is that any information considered, reconsidered, or corrected during a supplemental
examination of the patent cannot be the basis for a holding
of unenforceability. 35 U.S.C. § 257(c)(1). In other
Supplemental Examination Update Thursday, April 22, 2021
In previous posts, we have outlined the details of Supplemental Examination, a post-grant proceeding introduced by the America Invents Act (AIA):
What is Supplemental Examination?
Supplemental examination (SE) gives patent owners a proactive tool to have the USPTO “consider, reconsider, or correct information” that the patent owner believes is “relevant to the patent.” 35 U.S.C. § 257(a). The information that may be submitted with a supplemental examination request is not limited and includes any and all information that could be relevant to an allegation of inequitable conduct or unclean hands.
The benefit of supplemental examination is that any information “considered, reconsidered, or corrected during a supplemental examination of the patent” cannot be the basis for a holding of unenforceability. 35 U.S.C. § 257(c)(1). In other words, once a patent survives supplemental examination, any informa