What was the standard for granting an inter partes reexamination request?

The standard for granting an inter partes reexamination request changed over time. Initially, under 35 U.S.C. 312(a), the standard was whether “a substantial new question of patentability affecting any claim of the patent concerned is raised by the request,” known as the SNQ standard. However, during the one-year transition period (September 16, 2011 to September 15, 2012) before inter partes review replaced reexamination, the standard was revised. The MPEP states that the new standard required “that the information presented in a request for inter partes reexamination must show that there is a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the request.”

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2601 - Introduction, Patent Law, Patent Procedure
Tags: inter partes reexamination, Patent Challenge, Reasonable Likelihood Standard, Substantial New Question