What happens if no Substantial New Question of Patentability is found?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If the examiner determines that none of the items of information properly submitted as part of the supplemental examination request raise a Substantial New Question of Patentability (SNQ), the Supplemental Examination Certificate will state this finding.

The MPEP states: If the examiner determines that none of the items of information properly submitted as part of the request raise a SNQ, the supplemental examination certificate will state that no SNQ is raised in the request for supplemental examination, and will refer to the Reasons for Substantial New Question of Patentability Determination (i.e., “the reasons document”). The reasons document will explain why each item of information did not raise an SNQ for every claim to which that item was applied in the request.