What are the specific criteria for determining a substantial new question of patentability in supplemental examination?

The criteria for determining a substantial new question of patentability (SNQ) in supplemental examination are outlined in MPEP 2816.02. The key factors include:

• Whether the information presented in the request raises a new, non-cumulative technological teaching that was not present in the patent examination
• If the information suggests a reasonable likelihood that the examiner would consider the prior art important in deciding patentability
• Whether the item of information, if considered along with the other items of information in the record of the patent, raises a substantial question of patentability

The MPEP states: “A substantial new question of patentability is present when it is shown that there is a substantial likelihood that a reasonable examiner would consider the item of information important in deciding whether or not the claim is patentable.“

To learn more:

• substantial new question
• patentability
• supplemental examination
• criteria