How does the USPTO explain the basis for each determination in supplemental examination?
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.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816.03 - Content Of The Determination,
Patent Law,
Patent Procedure