On August 14, 2012, changes to implement the supplemental examination provisions of the America Invents
Act were published by the U.S. Patent and Trademark Office.
The rules can be found here:
http://www.uspto.gov/aia_implementation/Supp_Exam_Rules.pdf
The changes in this final rule take effect on
September 16, 2012.
The supplemental examination provisions permit a patent owner to request supplemental examination of a patent.
A request for supplemental examination must contain: (1) a list of each item of
information that is requested to be considered, reconsidered, or corrected; (2) an
identification of each claim of the patent for which supplemental examination is
requested; (3) a separate explanation of the relevance and manner of applying each item
of information to each claim of the patent for which it was identified; and (4) a summary
of the relevant portions of any submitted document, other than the request, that is over
fifty pages in length.
The cost for filing a supplemental examination is $5,140 for the initial request plus $16,120 for the ex-parte re-examination fee. Both the initial request fee and the ex-parte re-examination fee must be paid at the time of initial request. The $16,120 ex-parte re-examination fee will be refunded if no re-examination is ordered. The rules also finalize the increase in the fee for filing a request for ex-parte reexamination at $17,750, a much higher amount than before.
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