What is the conclusion of a supplemental examination?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. According to MPEP 2817 , the conclusion of a supplemental examination is marked by the issuance of a certificate. As stated in the MPEP: “35 U.S.C. 257(a) requires that supplemental examination ‘shall conclude with the issuance of a certificate indicating whether the information presented in the request raises a substantial new question of patentability.'” This certificate is issued electronically and indicates whether any of the items of information submitted in the request raises a Substantial New Question of Patentability (SNQ). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Certificate Must Indicate SNQ of Patentability MPEP 2817 Required Substantial New Question of Patentability Present Unless Decided MPEP 2242 Substantial New Question of Patentability Must Be Addressed MPEP 2246 Recommended Substantial New Question of Patentability Can Be Re-Presented MPEP 2242 Permitted Supplemental Examination Proceeding Ends With Issuance of Certificate MPEP 2817 Supplemental Examination Certificate Must State SNQ Determination MPEP 2817 Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 No New Patentability Questions After Supplemental Exam MPEP 2817 Ex Parte Reexamination Initiated After Supplemental Exam If SNQ Raised MPEP 2817 Substantial New Question of Patentability Based on Old Art in a New Light MPEP 2216 Permitted Other Related FAQs 5 FAQs Collapse How is a supplemental examination proceeding initiated? What happens if no Substantial New Question of Patentability is raised? What happens if a Substantial New Question of Patentability (SNQ) is raised? Where should submissions for changing power of attorney or correspondence addre...