April 17, 2012

Supplemental Examination

The America Invents Act (AIA) creates a number of USPTO-based procedures for reviewing issued patents. Among these is the new Supplemental Examination procedure. The procedure allows a patent owner to request Supplemental Examination of its issued patent by the USPTO “to consider, reconsider or correct information believed to be relevant to the patent.” In return, the AIA mandates that “a patent may not be held unenforceable on the basis of conduct relating to information that had not been considered, was inadequately considered, or was incorrect in a prior examination of that patent if the information was considered, reconsidered, or corrected during a supplemental examination of the patent.” Hence, the Supplemental Examination procedure offers patentees limited amnesty against accusations of inequitable conduct.

Samuel S. Woodley, PhD, Principal
Irene Hudson, Principal
No Comments

Sorry, the comment form is closed at this time.

Fill out the form below to receive our monthly newsletter and updates on your selected areas of interest. You can unsubscribe at any time by clicking the unsubscribe link at the bottom of the email.

  • Fish & Richardson P.C. is committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the services you requested from us. From time to time, we would like to contact you about our services, as well as other content that may be of interest to you. If you consent to us contacting you for this purpose, please tick below.
  • In order to provide you the content requested, we need to store and process your personal data. If you consent to us storing your personal data for this purpose, please tick the checkbox below.
  • You can unsubscribe from these communications at any time. This can be done by clicking the unsubscribe link at the bottom of marketing emails you receive from us, or by emailing stating that you would like to be unsubscribed.
  • This field is for validation purposes and should be left unchanged.