37 CFR 1.620 Conduct of supplemental examination proceeding.
- (a) Within three months after the filing date of a request for supplemental examination, the Office will determine whether a substantial new question of patentability affecting any claim of the patent is raised by any of the items of information presented in the request. The determination will generally be limited to a review of the item(s) of information identified in the request as applied to the identified claim(s) of the patent. The determination will be based on the claims in effect at the time of the determination and will become a part of the official record of the patent.
Within 3 months following the filing date of a request for supplemental examination, the examiner will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request. See 35 U.S.C. 257(a) and 37 CFR 1.620(a). A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination. If the three-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the certificate should issue by the preceding business day.
The examiner should take up a request about 6 weeks after the request’s filing date. A determination on the supplemental examination request may be made at any time during the period of enforceability of a patent. See MPEP § 2808.