What should be included in the determination for a supplemental examination request?

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.

The determination for a supplemental examination request should include:

• An identification of each item of information
• A statement of each issue raised by each item of information
• The basis for the determination of each issue
• A finding for each issue as to whether the item of information raises a substantial new question of patentability (SNQ)
• A decision as to whether a substantial new question of patentability is raised by any of the items of information

As stated in MPEP 2816.03: “The determination must identify each item of information properly submitted as part of the supplemental examination request. The determination must also identify each issue raised by each item of information and state how each item of information raises each identified issue.”