What is the significance of a “substantial new question of patentability” 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.

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.