What happens if no Substantial New Question of patentability is raised 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.

If the supplemental examination certificate indicates that no Substantial New Question of patentability (SNQ) is raised, the procedure is as follows:

1. Ex parte reexamination will not be ordered under 35 U.S.C. 257.
2. The supplemental examination certificate will be published as an attachment to the patent.
3. The fee for reexamination will be refunded.

As stated in MPEP 2818:

“If the supplemental examination certificate indicates that no SNQ is raised, ex parte reexamination will not be ordered under 35 U.S.C. 257. In this case, the electronically issued supplemental examination certificate will be published in due course by the Office’s patent publication process as an attachment to the patent.”