How does the USPTO determine if an SNQ exists for patent reexamination?
The USPTO determines if a substantial new question of patentability (SNQ) exists for patent reexamination through a careful evaluation process. According to MPEP 2242: “If a reexamination request relies on references already considered by the Office, the request must demonstrate that a substantial new question of patentability is raised by the art, when the art…
Read MoreHow do patent examiners evaluate reasonable expectation of success in obviousness rejections?
Patent examiners evaluate reasonable expectation of success in obviousness rejections by considering various factors outlined in MPEP 2143.02. The evaluation process involves assessing the prior art, the nature of the problem to be solved, and the knowledge of a person of ordinary skill in the art (POSA). Key points in the examiner’s evaluation include: Prior…
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