What happens if a substantial new question of patentability is not found in an inter partes reexamination request?
If a substantial new question of patentability is not found in an inter partes reexamination request, the request will be denied. The MPEP 2640 states:
“If no substantial new question of patentability is found, the Director will refuse the request and no inter partes reexamination will be ordered.”
In this case, the patent owner and the third party requester will be notified of the decision, and the reexamination proceeding will not be initiated. The third party requester may have the option to seek review of this decision through appropriate legal channels.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2640 - Decision On Request,
Patent Law,
Patent Procedure