"Supplemental Examination – New Strategy for Patent Owners"

As part of the enactment of the Leahy-Smith America Invents Act, a new procedure for Supplemental Examination, that is to be made available to a patent owner at any time after a patent issues, is scheduled to take effect on September 16, 2012.  The specific details and procedures for this new post-issuance procedure have not yet been promulgated by the United States Patent Office("USPTO").  However, the USPTO is currently accepting comments for proposed rules regarding Supplemental Examination until November 15, 2011. 

This Stroock Special Bulletin provides an overview of the proposed rules, which are scheduled to be released around mid-January 2012.  Final rules will be issued before September 16, 2012.