What is the significance of non-cumulative technological teachings 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. Non-cumulative technological teachings play a crucial role in supplemental examination, as outlined in MPEP 2816.02 . Their significance lies in: Providing new information not previously considered during the original examination Potentially raising a substantial new question of patentability (SNQ) Offering a fresh perspective on the patentability of the claims The MPEP states: “ A substantial new question of patentability is raised when the information presented in the request raises a new, non-cumulative technological teaching that was not present in the prosecution of the patent. “ Non-cumulative technological teachings are particularly important because they represent advancements or aspects of the technology that weren’t previously part of the patent’s examination history. This new information could potentially change the patentability determination, which is the core purpose of supplemental examination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substantial New Question of Patentability Determination MPEP 2816.02 Permitted 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 Required Substantial New Question of Patentability Determination by CRU MPEP 2816.02 Permitted Substantial New Question of Patentability Raised MPEP 2816.02 Permitted Substantial New Question of Patentability Based on Old Art MPEP 2816.02 Substantial New Question of Patentability Requirement MPEP 2816.02 Substantial New Question of Patentability Based on Old Art M...