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…

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What are status reports in the context of patent reexamination, and why are they important?

Status reports in patent reexamination are weekly computer-generated reports that provide updates on the events and progress of reexamination proceedings. According to MPEP 2635: “Various weekly reports can be generated for the event reporting discussed above. The primary purpose of these computer outputs is to assure that reexaminations are, in fact, processed with ‘special dispatch’.”…

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What is an SNQ in patent reexamination?

SNQ stands for “Substantial New Question of patentability.” In the context of patent reexamination, an SNQ is a crucial factor in determining whether a reexamination request should be granted. The MPEP § 2255 mentions: “However, if a petition under 37 CFR 1.515(c) is granted after an examiner’s determination that found the request did not raise…

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What is the significance of “identical” claims in patent reexamination and intervening rights?

What is the significance of “identical” claims in patent reexamination and intervening rights? The concept of “identical” claims is crucial in determining whether intervening rights apply in patent reexamination. According to MPEP 2293: “A claim of the patent which is substantially identical to a claim of the original patent (for example, amended to improve clarity)…

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Is it possible to revive a reexamination proceeding based on unavoidable delay?

No, it is no longer possible to revive a reexamination proceeding based on unavoidable delay. The MPEP clearly states: “37 CFR 1.137 was revised to implement the changes in the Patent Law Treaties Implementation Act of 2012 (PLTIA) to eliminate revival of an abandoned application and reexamination prosecution terminated under § 1.550(d) under the ‘unavoidable’…

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