What happens if no Substantial New Question of Patentability is raised?
If the supplemental examination certificate states that no Substantial New Question of Patentability (SNQ) is raised, no further action is taken. As stated in MPEP 2817:
“If, however, the supplemental examination certificate states that no substantial new question of patentability is raised in the request, then an ex parte reexamination proceeding will not be initiated at the conclusion of the supplemental examination proceeding.”
This means that if the information provided in the supplemental examination request does not raise any substantial new questions about the patent’s validity, the process ends with the issuance of the certificate, and no further examination of the patent is conducted.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2817 - Conclusion Of Supplemental Examination,
Patent Law,
Patent Procedure