What happens if no substantial new question of patentability is found in a supplemental examination?
If the USPTO determines that no substantial new question of patentability (SNQ) is raised by the items of information in a supplemental examination request, the following occurs:
- The Office will issue a supplemental examination certificate stating that no SNQ is raised.
- No ex parte reexamination will be ordered.
- The supplemental examination proceeding will be concluded.
As stated in MPEP 2816:
“If the Office determines that no substantial new question of patentability is raised, the supplemental examination certificate will so state.”
This determination effectively concludes the supplemental examination process without further action.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816 - Determination On The Request,
Patent Law,
Patent Procedure