America Invents Act: Supplemental Examination

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What is Supplemental Examination?

A supplemental examination proceeding permits a patent owner to request additional examination of a patent by the United States Patent and Trademark Office (“Office”) so that the Office may consider, reconsider, or correct information believed to be relevant to the patent.

Who Can Request Supplemental Examination and When Can It Be Requested?

Only the owner of the patent subject to supplemental examination may request supplemental examination of that patent. Effective September 16, 2012, supplemental examination may be requested at any time during the period of enforceability of any patent owned by the patent owner, regardless of filing or issue date.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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