How does the examiner’s decision granting a reexamination request differ from determining patentability?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 3 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The examiner’s decision granting a reexamination request focuses on whether there is a substantial new question of patentability (SNQ) or a reasonable likelihood that the requester will prevail (RLP), rather than determining the ultimate patentability of the claims. According to MPEP 2646 : “In the decision on the request, the examiner does not decide the ultimate question of patentability of the claims. Rather, the examiner only decides whether there is a SNQ/RLP established sufficient to grant the request and order reexamination.” This means that the examiner’s decision to grant reexamination is based on finding that the request has raised a substantial question or shown a reasonable likelihood of success, but does not involve a full examination of the claims’ patentability at this stage. Related Rules from the Manual of Patent Examining Procedure 3 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2646 No Inter Partes Reexamination After September 16, 2012 MPEP 2646 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Other Related FAQs 5 FAQs Collapse What happens if the USPTO denies a request for inter partes reexamination? What is the time frame for issuing a decision on inter partes reexamination? Can a patent owner or third party requester petition to vacate an order granting reexamination? How are prior art submissions handled after an inter partes reexamination order is issued? What triggers an order for inter partes reexamination?