What is the criteria for making a determination in a supplemental examination request?

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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. The criteria for making a determination on a supplemental examination request is whether any of the items of information submitted raise a substantial new question of patentability (SNQ) affecting at least one claim of the patent. This is stated in 35 U.S.C. 257(a) . The MPEP states: The SNQ standard in supplemental examination proceedings is identical to the “substantial new question of patentability” standard in ex parte reexamination proceedings. This means that the same criteria used in reexamination proceedings apply to supplemental examinations. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substantial New Question of Patentability Standard MPEP 2816.02 Substantial New Question of Patentability for Claim 5 MPEP 2816.02 Permitted Substantial New Question of Patentability Criteria MPEP 2816.02 Substantial New Question of Patentability Determination MPEP 2816.02 Permitted Criteria for Supplemental Examination Request MPEP 2816.02 Substantial New Question of Patentability Raised MPEP 2816.02 Permitted Substantial New Question of Patentability Requirement MPEP 2816.02 Supplemental Exam Cert for SNQ on Patent Claims MPEP 2816.02 No New Question of Patentability Raised by Request MPEP 2816.02 Substantial New Question of Patentability Determination MPEP 2816.02 Required Other Related FAQs 5 FAQs Collapse What are the specific criteria for determining a substantial new question of patentability in supplemental examination? What role does the examiner&#8217;s perspective play in determining a substantial new question of patentability? What is the significance of non-cumulative technological teachings in supplemental examination? How does the USPTO assess the mater...