What happens if a Substantial New Question of Patentability (SNQ) is raised?

Question

Accepted Answer

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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Ex Parte Reexamination Initiated After Supplemental Exam If SNQ Raised MPEP 2817 Supplemental Examination Certificate Must State SNQ Determination MPEP 2817 Supplemental Examination Proceeding Ends With Issuance of Certificate MPEP 2817 SNQ Requirement for Ex Parte Reexamination MPEP 2817 No New Patentability Questions After Supplemental Exam MPEP 2817 Substantial New Question of Patentability Can Be Re-Presented MPEP 2242 Permitted Substantial New Question of Patentability Present Unless Decided MPEP 2242 Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 Substantial New Question of Patentability Must Be Addressed MPEP 2246 Recommended Substantial New Question of Patentability Required for Reexamination MPEP 2240 Other Related FAQs 5 FAQs Collapse What is the conclusion of a supplemental examination? How is a supplemental examination proceeding initiated? What happens if no Substantial New Question of Patentability is raised? Where should submissions for changing power of att...