What is the difference between “a substantial new question of patentability” and a “prima facie case of unpatentability”?
The MPEP distinguishes between “a substantial new question of patentability” (SNQ) and a “prima facie case of unpatentability” in the context of patent reexamination. Specifically: “It is not necessary that a ‘prima facie’ case of unpatentability exist as to the claim in order for ‘a substantial new question of patentability’ to be present as to…
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