What is the time frame for the USPTO to determine if a Substantial New Question (SNQ) of patentability is raised in a supplemental examination request?

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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. According to MPEP 2816 , the USPTO is required to make a determination within three months following the filing date of a request for supplemental examination. Specifically, the MPEP states: “ 35 U.S.C. 257(a) and 37 CFR 1.620(b) require that, within three months following the filing date of a request for supplemental examination, the Office will determine whether a SNQ affecting any claim of the patent is raised by any of the items of information properly presented in the request. “ This three-month timeframe ensures a prompt review of the submitted information and a timely determination on whether a substantial new question of patentability exists. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substantial New Question of Patentability Required for Reexamination MPEP 2240 Substantial New Question of Patentability Present Unless Decided MPEP 2242 Substantial New Question of Patentability Must Be Addressed MPEP 2246 Recommended Substantial New Question Not Controlled by Non-Final Court Decision MPEP 2816 Substantial New Question of Patentability Can Be Re-Presented MPEP 2242 Permitted Office Independently Determines Substantial New Question of Patentability MPEP 2816 Permitted Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 Substantial New Question of Patentability Requirement Protects Patentees from Unjustified Reexaminations MPEP 2240 Supplemental Examination Certificate Becomes Official Record MPEP 2816 Request for Consideration of Item with Respect to Claim MPEP 2816 Other Related FAQs 5 FAQs Collapse Can a supplemental examination request be made anonymously? How does a final federal court decision affect a supplemental ...