MPEP Q & A 136: What a Reasons Document Should Include

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Question:

The reasons document explains why each item of information does or does not raise a substantial new question of patentability (or SNQ) in a supplemental examination. What should a reasons document include?

Answer:

The reasons document explains why each item of information does or does not raise a SNQ. The reasons document should include:

  • A statement that the item of information raises a SNQ and identify the claims for which the SNQ is raised;
  • Where appropriate, a statement that the item of information does not raise a SNQ and identify the claims for which a SNQ is not raised; and
  • A brief statement of the basis for the determination. This describes what the reasons document should point out if the examiner determines that a SNQ is raised, and if the examiner determines that a SNQ is not raised.

Chapter Details:

The answer to this question can be found in chapter 2800 of the MPEP. This chapter covers Supplemental Examination.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 2816.03 of the MPEP.  The following is a brief summary of section 2816.03.

2816.03 Content of the Determination

This section covers the content of the determination, which is called the reasons document. This document explains why each item of information does or does not raise a substantial new question of patentability (SNQ).