MPEP 2817
Conclusion of Supplemental Examination

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

Previous: §2816.04 | Next: §2817.01

2817    Conclusion of Supplemental Examination [R-11.2013]

37 C.F.R. 1.625  Conclusion of supplemental examination; publication of supplemental examination certificate; procedure after conclusion.

  • (a) A supplemental examination proceeding will conclude with the electronic issuance of a supplemental examination certificate. The supplemental examination certificate will indicate the result of the determination whether any of the items of information presented in the request raised a substantial new question of patentability.

*****

35 U.S.C. 257(a) requires that supplemental examination "shall conclude with the issuance of a certificate indicating whether the information presented in the request raises a substantial new question of patentability." A supplemental examination proceeding is initiated by the filing of a request for supplemental examination that complies with 35 U.S.C. 257 and 37 CFR 1.601 et seq., and all other applicable rules, and ends with the electronic issuance of the supplemental examination certificate. The supplemental examination certificate will state the result of the Office’s determination whether any of the items of information submitted as part of the request raises a SNQ.

If the supplemental examination certificate states that a SNQ is raised by one or more of the items of information submitted as part of the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257. In other words, if the supplemental examination certificate states that a SNQ is raised, an ex parte reexamination proceeding will be initiated after the conclusion of the supplemental examination proceeding. If, however, the supplemental examination certificate states that no substantial new question of patentability is raised in the request, then an ex parte reexamination proceeding will not be initiated at the conclusion of the supplemental examination proceeding.