How does the USPTO determine if a Substantial New Question of Patentability is raised?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. The USPTO determines if a Substantial New Question of Patentability (SNQ) is raised by reviewing the items of information presented in the supplemental examination request. The examiner considers whether the information would be important to a reasonable examiner in determining patentability. According to the MPEP: For each item of information, the examiner need only identify one SNQ (e.g., a teaching that would be important to a reasonable examiner when determining patentability) for each identified claim. The determination is made on a claim-by-claim basis, and the examiner must provide a detailed explanation in the Reasons Document. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substantial New Question of Patentability Determination MPEP 2816.03 Permitted Reasons for Substantial New Question of Patentability Determination Must Accompany Supplemental Examination Certificate MPEP 2816.03 Reasons for Substantial New Question of Patentability MPEP 2816.03 Identify SNQ for Each Item of Information MPEP 2816.03 Examiner Must Explain SNQ Raised by Intervening Reference MPEP 2816.03 Recommended Supplemental Examination No SNQ Determination MPEP 2816.03 Reasons Document for Non-Patentability Issues MPEP 2816.03 Recommended Item of Information Raising SNQ Must Be Addressed MPEP 2816.03 Recommended Supplemental Examination Certificate Must Indicate SNQ and Refer to Reasons Document MPEP 2816.03 Recommended Examiner Formulates and Submits Supplemental Examination Certificate and Reasons Document MPEP 2816.03 Other Related FAQs 5 FAQs Collapse How are corrections to factual information handled in Supplemental Examination? What happens if no Substantial New Question of P...