What is the standard for granting inter partes reexamination?

The granting of an inter partes reexamination request is based on a specific standard set by law. The MPEP 2609 states:

The standard for granting reexamination (see 35 U.S.C. 312(a)) must be met for reexamination to be ordered;

This standard, as defined in 35 U.S.C. 312(a), requires that the request must raise a substantial new question of patentability affecting any claim of the patent. The USPTO must determine if the submitted prior art or arguments present a new, non-cumulative technological teaching that was not previously considered and that is relevant to the patentability of any claim.

To learn more:

• inter partes reexamination
• USPTO
• substantial new question of patentability
• patent examination