MPEP § 2816.04 — Effect of the Determination (Annotated Rules)
§2816.04 Effect of the Determination
This page consolidates and annotates all enforceable requirements under MPEP § 2816.04, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Effect of the Determination
This section addresses Effect of the Determination.
Key Rules
Reexamination Order
If the examiner determines that a SNQ is raised by one or more items of information in the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257. See 37 CFR 1.625(b) and (d). See MPEP § 2818.01.
Reexamination Certificate
If the supplemental examination certificate indicates that no SNQ is raised by any of the items of information in the request, ex parte reexamination will not be ordered, and the fee for reexamination ordered as a result of supplemental examination, as set forth in 37 CFR 1.20(k)(2), will be refunded in accordance with 37 CFR 1.610(d). See MPEP § 2818.02.
Citations
| Primary topic | Citation |
|---|---|
| Reexamination Order | 35 U.S.C. § 257 |
| Reexamination Certificate | 37 CFR § 1.20(k)(2) |
| Reexamination Certificate | 37 CFR § 1.610(d) |
| Reexamination Order | 37 CFR § 1.625(b) |
| Reexamination Order | MPEP § 2818.01 |
| Reexamination Certificate | MPEP § 2818.02 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2816.04 — Effect of the Determination
Source: USPTO2816.04 Effect of the Determination [R-11.2013]
If the examiner determines that a SNQ is raised by one or more items of information in the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257. See 37 CFR 1.625(b) and (d). See MPEP § 2818.01.
If the supplemental examination certificate indicates that no SNQ is raised by any of the items of information in the request, ex parte reexamination will not be ordered, and the fee for reexamination ordered as a result of supplemental examination, as set forth in 37 CFR 1.20(k)(2), will be refunded in accordance with 37 CFR 1.610(d). See MPEP § 2818.02.