What happens if a substantial new question of patentability (SNQ) is found during supplemental examination?
If a substantial new question of patentability (SNQ) is found during supplemental examination, the following occurs:
- Reexamination will be ordered under 35 U.S.C. 257.
- The Office may, at its discretion, reexamine claims other than those for which supplemental examination was originally requested.
As stated in MPEP 2816.01: “If the examiner determines that a SNQ affecting a patent claim has been raised by at least one of the items of information submitted as part of the request, reexamination will be ordered under 35 U.S.C. 257.”
Furthermore, “Once reexamination under 35 U.S.C. 257 is ordered, the Office may, in its sole discretion, reexamine claims other than the claims for which supplemental examination has been requested.” This discretion is granted by 35 U.S.C. 303(a).
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816.01 - Claims Considered In Making The Determination,
Patent Law,
Patent Procedure