MPEP § 2816.04 — Effect of the Determination
Ninth Edition, Revision 01.2024 · last revised R-11.2013
If the examiner determines that a SNQ is raised by one or more items of information in the request, ex parte reexamination of the patent will be ordered under 35 U.S.C. 257. See 37 CFR 1.625(b) and (d). See MPEP § 2818.01.
If the supplemental examination certificate indicates that no SNQ is raised by any of the items of information in the request, ex parte reexamination will not be ordered, and the fee for reexamination ordered as a result of supplemental examination, as set forth in 37 CFR 1.20(k)(2), will be refunded in accordance with 37 CFR 1.610(d). See MPEP § 2818.02.
Cited authority
- 35 U.S.C. 257 Supplemental examinations to consider, reconsider, or correct information
- 37 CFR 1.625 Conclusion of supplemental examination; publication of supplemental examination certificate; procedure after conclusion
- 2818.01 After Determination Finding a Substantial New Question of Patentability
- 37 CFR 1.20 Post-issuance fees
- 37 CFR 1.610 Content of request for supplemental examination
- 2818.02 After Determination Finding No Substantial New Question of Patentability
- 2816 Determination on the Request