Supplemental examination is another option for patent holders to strengthen existing patents. It presents an excellent opportunity for a patent holder to submit information to the U.S. Patent Office prior to litigation. Using a supplemental examination request, the patent holder asks that the Patent Office to “consider, reconsider, or correct information believed to be relevant to the patent.”
Where the information submitted raises a “substantial new question of patentability,” an examination proceeding will be commenced by the U.S. Patent Office. A primary goal of supplemental examination is to provide the patent holder a mechanism to cure issues that might otherwise lead to an inequitable conduct charge. Where the U.S. Patent Office determines that the information fails to raise a substantial new question of patentability, a finding of inequitable conduct will likely be difficult to obtain in a litigation proceeding.
If you have a question or issue regarding supplemental patent protection, please feel free to reach out to us via telephone or email. You may also fill out our online inquiry form and we will strive to get back to you within 24 hours.