What are the specific criteria for determining a substantial new question of patentability in supplemental examination?

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 criteria for determining a substantial new question of patentability (SNQ) in supplemental examination are outlined in MPEP 2816.02. The key factors include:

• Whether the information presented in the request raises a new, non-cumulative technological teaching that was not present in the patent examination
• If the information suggests a reasonable likelihood that the examiner would consider the prior art important in deciding patentability
• Whether the item of information, if considered along with the other items of information in the record of the patent, raises a substantial question of patentability

The MPEP states: “A substantial new question of patentability is present when it is shown that there is a substantial likelihood that a reasonable examiner would consider the item of information important in deciding whether or not the claim is patentable.“