What is the significance of non-cumulative technological teachings in supplemental examination?
Non-cumulative technological teachings play a crucial role in supplemental examination, as outlined in MPEP 2816.02. Their significance lies in:
- Providing new information not previously considered during the original examination
- Potentially raising a substantial new question of patentability (SNQ)
- Offering a fresh perspective on the patentability of the claims
The MPEP states: “A substantial new question of patentability is raised when the information presented in the request raises a new, non-cumulative technological teaching that was not present in the prosecution of the patent.“
Non-cumulative technological teachings are particularly important because they represent advancements or aspects of the technology that weren’t previously part of the patent’s examination history. This new information could potentially change the patentability determination, which is the core purpose of supplemental examination.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816.02 - Criteria For Making The Determination,
Patent Law,
Patent Procedure