What happens if a Substantial New Question of Patentability (SNQ) is raised?
If the supplemental examination certificate states that a Substantial New Question of Patentability (SNQ) is raised, an ex parte reexamination of the patent will be ordered. As stated in MPEP 2817:
“If the supplemental examination certificate states that a SNQ is raised by one or more of the items of information submitted as part of the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257.”
This means that after the conclusion of the supplemental examination proceeding, a new ex parte reexamination proceeding will be initiated to further examine the patent based on the SNQ raised.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2817 - Conclusion Of Supplemental Examination,
Patent Law,
Patent Procedure