5. Supplemental Examination (new proceeding) — T

5. Supplemental Examination (new proceeding) — The AIA provides this new proceeding for patent owners in order to cure inequitable conduct before the USPTO and to avoid unenforceability of a patent by consideration, reconsideration or correcting information relevant to the patent. The supplemental reexamination is ordered if a substantial new question of patentability is found to exist. Note that the goal of curing inequitable conduct may be achieved even if the USPTO does not find an SNQ. The prior art to be considered for this proceeding is not limited to patents and printed publications and includes undisclosed material information. Patent owners can use this procedure to cure false statements or misrepresentations, for example made in the specification, declarations or responses to Office Actions.

A supplemental examination will follow the procedures for ex parte reexamination with some modification. This new proceeding will become available on September 16, 2012.

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