What happens if a substantial new question of patentability is raised during reexamination?
If a substantial new question of patentability is raised during reexamination, the USPTO is required to address it. The MPEP 2821 cites 35 U.S.C. 304, which states:
“If… the Director finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of the patent for resolution of the question.“
This means that once a substantial new question of patentability is identified, the Office must proceed with the reexamination to resolve the issue. This ensures that all potential issues affecting the validity of a patent are thoroughly examined.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2821 - Multiple Post - Patent Office Proceedings,
Patent Law,
Patent Procedure