What is the panel review process in Supplemental Examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. After an examiner makes a preliminary determination in a supplemental examination, a panel review conference is convened to review the determination. This process ensures a thorough and accurate examination. The MPEP states: A panel review conference will be convened, and the conference members will review the preliminary determination. See MPEP § 2271.01 for the make-up of the panel. If the conference confirms the examiner’s preliminary determination, the Supplemental Examination Certificate is issued. If not, the examiner reevaluates and makes appropriate changes to the draft certificate and reasons document. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Supplemental Examination Certificate Issued After Panel Confirmation MPEP 2816.03 Required Supplemental Examination Certificate Must Indicate SNQ and Refer to Reasons Document MPEP 2816.03 Recommended Examiner Formulates and Submits Supplemental Examination Certificate and Reasons Document MPEP 2816.03 Supplemental Examination No SNQ Determination MPEP 2816.03 Preliminary Determination Reviewed by Panel MPEP 2816.03 Patent Owner May Request Supplemental Examination to Consider Relevant Information MPEP 2816.03 Permitted Director Must Conduct Supplemental Examination Within 3 Months MPEP 2816.03 Required Reasons Document for Non-Patentability Issues MPEP 2816.03 Recommended Optional Reasons for New Information in Supplemental Examination MPEP 2816.03 Permitted No Decision on Patentability in Supplemental Examination MPEP 2816.03 Recommended Other Related FAQs 5 FAQs Collapse How are corrections to factual information handled in Supplemental Examination? How does the USPTO determine if a Substantial New Questi...