What must be included in a supplemental examination determination?

According to MPEP 2816.03, a supplemental examination determination must include:

  • An identification of each item of information
  • An identification of each issue raised by each item of information
  • A statement of the basis for the determination for each issue identified

The MPEP states: “The determination must identify each item of information that raises a substantial new question of patentability.” It’s important to note that the determination should be comprehensive and address all relevant issues raised by the submitted information.

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Topics: MPEP 2800 - Supplemental Examination, MPEP 2816.03 - Content Of The Determination, Patent Law, Patent Procedure
Tags: Determination Content, substantial new question of patentability, supplemental examination