What is the significance of 37 CFR 1.515(c) in patent reexamination?
37 CFR 1.515(c) is a regulation that allows for a petition to challenge an examiner’s determination in a reexamination proceeding. The MPEP § 2255 states:
“However, if a petition under 37 CFR 1.515(c) is granted after an examiner’s determination that found the request did not raise any SNQ, the reexamination will generally be conducted by another examiner.”
This regulation provides a mechanism for requesting a review of the examiner’s decision, particularly when the examiner has found that no Substantial New Question of patentability (SNQ) was raised. If such a petition is granted, it can lead to the assignment of a different examiner for the reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2255 - Who Reexamines,
Patent Law,
Patent Procedure