What is the “substantial new question of patentability” criterion in patent reexamination?

The “substantial new question of patentability” (SNQ) is a key criterion for deciding whether to grant a request for patent reexamination. According to the MPEP, A prior art patent or printed publication raises a substantial question of patentability where there is a substantial likelihood that a reasonable examiner would consider the prior art patent or printed publication important in deciding whether or not the claim is patentable.

The MPEP further clarifies that for an SNQ to be present:

• The prior art must raise a substantial question of patentability for at least one claim
• The same question of patentability must not have been previously decided by the Office or a federal court

It’s important to note that an SNQ can exist even if a “prima facie” case of unpatentability is not established.

To learn more:

• substantial new question of patentability
• SNQ
• patent reexamination
• prior art