# MPEP § 2803.01: Inquiries from Persons Other Than the Patent Owner

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S2803.01

## Section

- **Citation:** MPEP § 2803.01
- **Heading:** Inquiries from Persons Other Than the Patent Owner
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 2800 - Supplemental Examination / MPEP § 2803.01

## Text

37 CFR 1.601 Filing of papers in supplemental examination.
*****
(b) Any party other than the patent owner
(
i.e.,
any third party) is prohibited from filing papers
or otherwise participating in any manner in a supplemental examination
proceeding.
*****
37 CFR
1.601(b)
prohibits third parties from filing papers or otherwise
participating in any manner in a supplemental examination proceeding. In addition,
because only the patent owner can file the request for supplemental examination,
third-party participation is prohibited in any
ex parte
reexamination
ordered under
35 U.S.C. 257
and
37 CFR
1.625
, pursuant to
ex parte
reexamination
practice.
Office personnel, including both the examining and the
technical support staff, should not enter into a discussion with, or answer inquiries
from, third parties (i.e., parties who are not the patent owner) regarding a
supplemental examination proceeding. A party who is not the patent owner should be
referred to the Central Reexamination Unit (CRU) Supervisory Patent Reexamination
Specialist (SPRS) in the art unit of the assigned examiner.
Only questions on
strictly general procedural matters regarding supplemental examination, i.e., not
directed to any specific supplemental examination proceeding, may be discussed by the
CRU SPRS with that party
.
Employees of the Office, particularly CRU examiners who
have conducted a supplemental examination proceeding that has been concluded, should not
discuss or answer inquiries from any person outside the Office as to whether a certain
reference or other particular evidence was considered during the proceeding, and whether
that reference, or other evidence, would have been determined to raise a substantial new
question of patentability, had it been considered during the proceeding. Patent
practitioners (or other members of the public) must not address improper inquiries to
members of the patent examining corps and to the Office as a whole
or other particular evidence was considered during the proceeding, and whether
that reference, or other evidence, would have been determined to raise a substantial new
question of patentability, had it been considered during the proceeding. Patent
practitioners (or other members of the public) must not address improper inquiries to
members of the patent examining corps and to the Office as a whole. Inquiries from
members of the public relating to the matters discussed above must, of necessity, be
refused and this refusal should not be considered discourteous or an expression of
opinion by the Office as to the validity, patentability, or enforceability of the
patent.
The definitions set forth in
37 CFR 104.1
and
the exceptions in
37
CFR 104.21
are applicable to this section.

## Nearby sections

- [MPEP § 2801 Introduction](https://www.frixlaw.com/law-library/statutes/MPEP_S2801.md)
- [MPEP § 2802 Supplemental Examination](https://www.frixlaw.com/law-library/statutes/MPEP_S2802.md)
- [MPEP § 2803 Persons Who May File a Request for Supplemental Examination](https://www.frixlaw.com/law-library/statutes/MPEP_S2803.md)
- [MPEP § 2803.01 Inquiries from Persons Other Than the Patent Owner](https://www.frixlaw.com/law-library/statutes/MPEP_S2803.01.md)
- [MPEP § 2803.02 Public Access](https://www.frixlaw.com/law-library/statutes/MPEP_S2803.02.md)
- [MPEP § 2804 Representative of Patent Owner](https://www.frixlaw.com/law-library/statutes/MPEP_S2804.md)
- [MPEP § 2804.01 Withdrawal of Attorney or Agent](https://www.frixlaw.com/law-library/statutes/MPEP_S2804.01.md)
- [MPEP § 2805 Correspondence with Patent Owner; Patent Owner Address](https://www.frixlaw.com/law-library/statutes/MPEP_S2805.md)
- [MPEP § 2806 How to File Papers in a Supplemental Examination Proceeding and in Any Resulting Ex Parte Reexamination Proceeding](https://www.frixlaw.com/law-library/statutes/MPEP_S2806.md)
- [MPEP § 2807 Format of Papers Filed in a Supplemental Examination Proceeding](https://www.frixlaw.com/law-library/statutes/MPEP_S2807.md)
- [MPEP § 2808 Time for Requesting Supplemental Examination](https://www.frixlaw.com/law-library/statutes/MPEP_S2808.md)
- [MPEP § 2809 Items of Information](https://www.frixlaw.com/law-library/statutes/MPEP_S2809.md)
- [MPEP § 2809.01 Information Relating to the Correction of Factual Information](https://www.frixlaw.com/law-library/statutes/MPEP_S2809.01.md)
- [MPEP § 2810 Fees Due on Filing a Supplemental Examination Request](https://www.frixlaw.com/law-library/statutes/MPEP_S2810.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S2803.01. Check the current official text before relying on it. Not legal advice.