What is a substantial new question of patentability (SNQ) in patent reexamination?
A substantial new question of patentability (SNQ) is a crucial concept in patent reexamination. According to MPEP 2242:
“If the prior art patents and/or printed publications raise a substantial new question of patentability as to at least one claim of the patent, then a substantial new question of patentability as to the patent is present, unless the same question of patentability has already been: (A) decided in a final holding of invalidity by a federal court in a decision on the merits involving the claim; (B) decided in an earlier concluded examination or review of the patent by the Office; or (C) raised to or by the Office in a pending reexamination or supplemental examination of the patent.”
In essence, an SNQ is a new, non-cumulative technological teaching that was not previously considered and discussed during the original examination, and that is relevant to determining the patentability of at least one claim.
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