What must be included in a supplemental examination determination?

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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. According to MPEP 2816.03 , a supplemental examination determination must include: An identification of each item of information An identification of each issue raised by each item of information A statement of the basis for the determination for each issue identified The MPEP states: “ The determination must identify each item of information that raises a substantial new question of patentability .” It’s important to note that the determination should be comprehensive and address all relevant issues raised by the submitted information. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substantial New Question of Patentability Determination MPEP 2816.03 Permitted Reasons for Substantial New Question of Patentability Determination Must Accompany Supplemental Examination Certificate MPEP 2816.03 Reasons for Substantial New Question of Patentability MPEP 2816.03 Identify SNQ for Each Item of Information MPEP 2816.03 Basis for SNQ Determination Must Be Stated MPEP 2816.03 No SNQ Determination for Supplemental Exam MPEP 2816.03 Identification of Claims Not Raised by SNQ Item MPEP 2816.03 Permitted Supplemental Examination Certificate Must Indicate SNQ and Refer to Reasons Document MPEP 2816.03 Recommended Item of Information Raising SNQ Must Be Addressed MPEP 2816.03 Recommended Supplemental Examination No SNQ Determination MPEP 2816.03 Other Related FAQs 5 FAQs Collapse What is the significance of a &#8220;substantial new question of patentability&#8221; in supplemental examination? What should be included in the determination for a supplemental examination request? What is the relationship between supplemental examination and ex parte reexamination? How does the USPT...