What must be included in a supplemental examination determination?
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.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2816.03 - Content Of The Determination,
Patent Law,
Patent Procedure