How does the USPTO explain the basis for each determination in supplemental examination?

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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. The USPTO explains the basis for each determination in supplemental examination by providing a clear rationale for the findings. According to MPEP 2816.03 : “The determination should explain the basis for the determination of each issue with respect to each item of information. For example, the determination should explain why each item of information does or does not raise a substantial new question of patentability (SNQ).” This explanation helps patent owners and the public understand the reasoning behind the USPTO’s decisions and ensures transparency in the supplemental examination process. 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 Patent Owner May Request Supplemental Examination to Consider Relevant Information MPEP 2816.03 Permitted Explain Why No SNQ Raised for Each Item of Info MPEP 2816.03 Recommended Explain Why No SNQ Raised for Each Claim MPEP 2816.03 Recommended Supplemental Examination No SNQ Determination MPEP 2816.03 Supplemental Examination Certificate Becomes Official Record MPEP 2816 Foreign Search Report Does Not Raise Issues of Patentability MPEP 2816.03 Standard for Raising SNQ in Supplemental Examination MPEP 2816 Other Related FAQs 5 FAQs Collapse What is the significance of a &#8220;substantial new question of patentability&#8221; in supplemental examination? What should be included in the determination for a supplemental examination request? What must be in...