How does the USPTO determine if a Substantial New Question of Patentability is raised?

The USPTO determines if a Substantial New Question of Patentability (SNQ) is raised by reviewing the items of information presented in the supplemental examination request. The examiner considers whether the information would be important to a reasonable examiner in determining patentability.

According to the MPEP: For each item of information, the examiner need only identify one SNQ (e.g., a teaching that would be important to a reasonable examiner when determining patentability) for each identified claim. The determination is made on a claim-by-claim basis, and the examiner must provide a detailed explanation in the Reasons Document.

To learn more:

• Substantial New Question of Patentability
• SNQ
• USPTO
• Patent Examination