What is the significance of a “substantial new question of patentability” in supplemental examination?

A “substantial new question of patentability” (SNQ) is crucial in supplemental examination as it determines whether further action is necessary. The MPEP 2816.03 states:

“The determination must identify each item of information that raises a substantial new question of patentability.”

The significance of an SNQ in supplemental examination includes:

• It indicates that the submitted information presents a new, non-cumulative technological teaching
• It suggests that the patent’s validity may be in question
• If an SNQ is found, it triggers an ex parte reexamination
• It provides patent owners an opportunity to address potential issues before third parties can challenge the patent

Identifying an SNQ is a critical step in the supplemental examination process, as it determines whether further review of the patent is necessary to ensure its validity.

To learn more:

• substantial new question of patentability
• SNQ
• supplemental examination