What is a decision denying reexamination?
A decision denying reexamination is a formal response issued by a patent examiner when a request for inter partes reexamination fails to establish a substantial new question of patentability (SNQ) or a reasonable likelihood of prevailing (RLP) based on patents or printed publications. As stated in the MPEP: “The request for reexamination will be denied…
Read MoreWhat standards are used to evaluate reexamination requests?
The standards used to evaluate reexamination requests have changed over time. For requests filed: Prior to September 16, 2011: The standard was “substantial new question of patentability” (SNQ). From September 16, 2011 to September 15, 2012: The standard was “reasonable likelihood that requester will prevail” (RLP). The MPEP provides specific language for each standard: “No…
Read MoreWhat is the process for denying a reexamination request?
The process for denying a reexamination request involves several steps: The examiner prepares a decision explaining why no SNQ/RLP has been established for each cited patent or publication. The examiner sets up a panel review conference to discuss the decision. If the conference confirms the denial, the examiner completes and signs the decision, with conferees…
Read MoreWhat types of arguments are not considered in a reexamination request?
In a reexamination request, only arguments based on prior art patents or printed publications are considered. The MPEP specifically states: “If arguments are presented as to grounds not based on prior art patents or printed publications, such as those based on public use or on sale under 35 U.S.C. 102(b), or abandonment under 35 U.S.C.…
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