What is the time frame for the USPTO to determine if a Substantial New Question (SNQ) of patentability is raised in a supplemental examination request?
According to MPEP 2816, the USPTO is required to make a determination within three months following the filing date of a request for supplemental examination. Specifically, the MPEP states:
“35 U.S.C. 257(a) and 37 CFR 1.620(b) require that, within three months following the filing date of a request for supplemental examination, the Office will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request.“
This three-month timeframe ensures a prompt review of the submitted information and a timely determination on whether a substantial new question of patentability exists.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816 - Determination On The Request,
Patent Law,
Patent Procedure