What are the exceptions to finding an SNQ in patent reexamination?

There are specific exceptions to finding a substantial new question of patentability (SNQ) in patent reexamination. The MPEP 2242 outlines these exceptions:

“A prior art patent or printed publication cannot be properly applied as a ground for reexamination if it is merely cumulative to, or less relevant than, prior art patents or printed publications already cited/considered in an earlier concluded examination or review of the patent, or raised to or by the Office in a pending reexamination or supplemental examination of the patent.”

The main exceptions to finding an SNQ are:

• The same question of patentability has been decided in a final holding of invalidity by a federal court
• The question has been decided in an earlier concluded examination or review of the patent by the USPTO
• The question has been raised in a pending reexamination or supplemental examination of the patent

These exceptions prevent redundant examinations and ensure that reexamination is only conducted when truly new questions arise.

To learn more:

• SNQ exceptions
• patent reexamination
• cumulative prior art
• concluded examination