2817 Conclusion of Supplemental Examination [R-11.2013]

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 1.601et 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.