What happens if a substantial new question of patentability (SNQ) is found during 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. If a substantial new question of patentability (SNQ) is found during supplemental examination, the following occurs: Reexamination will be ordered under 35 U.S.C. 257 . The Office may, at its discretion, reexamine claims other than those for which supplemental examination was originally requested. As stated in MPEP 2816.01 : “If the examiner determines that a SNQ affecting a patent claim has been raised by at least one of the items of information submitted as part of the request, reexamination will be ordered under 35 U.S.C. 257.” Furthermore, “Once reexamination under 35 U.S.C. 257 is ordered, the Office may, in its sole discretion, reexamine claims other than the claims for which supplemental examination has been requested.” This discretion is granted by 35 U.S.C. 303(a) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Office May Reexamine Additional Claims After Request MPEP 2816.01 Permitted Supplemental Examination Limited to Requested Claims MPEP 2816.01 Substantial New Question Not Controlled by Non-Final Court Decision MPEP 2816 Supplemental Examination Certificate Becomes Official Record MPEP 2816 Office Independently Determines Substantial New Question of Patentability MPEP 2816 Permitted Supplemental Examination Not Initiated Without Owner Request MPEP 2816.01 No Supplemental Exam If All Claims Invalid MPEP 2816 Supplemental Examination Only on Identified Information MPEP 2816.01 Claims Not Under Supplemental Examination Due to Invalidity MPEP 2816 Claims of Patent Determine SNQ MPEP 2816.01 Other Related FAQs 5 FAQs Collapse Are amendments or new claims considered during supplemental examination? What happens if a patent owner doesn&#8217;t provide ...