Mind + Muscle

technical minds + legal muscle


dig deep

Supplemental Examination: A New Procedure for Post-Issuance Submission of Prior Art in the America Invents Act

  • 09.19.11
  • 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.

Read the full alert here or download the PDF above.

Visit our Patent Reform resources page.

Sort By Media Type

Sort By Media Type
  • AlertAlert
  • BriefsBriefs
  • Comments to USPTOComments to USPTO
  • Design Patent Case DigestDesign Patent Case Digest
  • MultimediaMultimedia
  • News & ArticlesNews & Articles
  • Press ReleasePress Release
  • VideoVideo
  • WebinarWebinar

Unsolicited e-mails and information sent to Sterne, Kessler, Goldstein & Fox P.L.L.C. will not be considered confidential or privileged, may be disclosed to others, may not receive a response, and do not create an attorney-client relationship with Sterne Kessler.  If you are not already a client of Sterne Kessler, do not include any confidential information in this message.