What is the criteria for making a determination in a supplemental examination request?
The criteria for making a determination on a supplemental examination request is whether any of the items of information submitted raise a substantial new question of patentability (SNQ) affecting at least one claim of the patent. This is stated in 35 U.S.C. 257(a).
The MPEP states: The SNQ standard in supplemental examination proceedings is identical to the “substantial new question of patentability” standard in ex parte reexamination proceedings.
This means that the same criteria used in reexamination proceedings apply to supplemental examinations.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816.02 - Criteria For Making The Determination,
Patent Law,
Patent Procedure