How does the USPTO handle cumulative information in supplemental examination?

The USPTO’s handling of cumulative information in supplemental examination is addressed in MPEP 2816.02. Key points include:

• Cumulative information generally does not raise a substantial new question of patentability (SNQ)
• Information is cumulative when it teaches no more than what was previously known from cited prior art in the record
• However, a combination of references that separately teach all the elements of a claim may still raise an SNQ if the combination wasn’t previously considered

The MPEP states: “A substantial new question of patentability is not raised by the mere submission of an item of information that is cumulative to information already of record or being made of record in the patent.“

It’s important to note that while cumulative information alone may not raise an SNQ, it could potentially contribute to an SNQ when considered in combination with other non-cumulative information.

To learn more:

• cumulative information
• supplemental examination
• patentability