§257 Supplemental Examinations to Consider, Reconsider, or Correct Information

Summary

A patent owner can ask the Patent Office to take another look at information about their patent to consider, reconsider, or fix it. The Director must do this supplemental check within 3 months after getting a proper request and then issue a certificate saying whether the information creates a substantial new question about whether the patent should have been allowed. If the certificate finds such a question, the Director will order a full reexamination under existing reexamination rules. The patent owner cannot file a special owner statement during that reexamination, and the Office must address every substantial new question found, even if normal rules might otherwise limit considering some materials. If the Office actually considers information during supplemental examination, the patent generally cannot be held unenforceable because that information was missed or handled poorly before. This protection does not apply if the same issue was already pled in a civil case or certain government notices before the supplemental request, or in certain enforcement actions unless the supplemental check and any reexamination finish before the action starts. The Director will set fees for requests and each item reviewed and will make rules about how to submit them. If possible material fraud on the Office is discovered, the Director must refer it to the Attorney General confidentially. This process does not limit criminal or antitrust penalties or the Director’s power to investigate and punish misconduct.