Supplemental Examination: A New Procedure for Post-Issuance Submission of Prior Art in the America Invents Act
- William P. Ladd and Glenn J. Perry
- Sterne, Kessler, Goldstein & Fox P.L.L.C.
Section 12 of the America Invents Act, which was signed into law on September 16, 2011, gives patent owners the option to request supplemental examination of a patent to "consider, reconsider, or correct information believed to be relevant to the patent." Section 12 is codified in the U.S. Code at 35 U.S.C. § 257 and essentially gives patent owners an additional avenue to satisfy their duty of disclosure under 37 C.F.R. § 1.56 after a patent has issued. Further, some patent owners may wish to use supplemental examination to preempt a potential reexamination proceeding that may be initiated by an accused infringer.
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