Can a patent owner or third party requester petition to vacate an order granting reexamination?
Generally, neither the patent owner nor the third party requester can petition to vacate an order granting reexamination based on the substantive determination of a substantial new question of patentability (SNQ) or reasonable likelihood of prevailing (RLP). As stated in MPEP 2646: “A substantive determination by the Director of the Office to institute reexamination pursuant…
Read MoreHow does the examiner’s decision granting a reexamination request differ from determining patentability?
The examiner’s decision granting a reexamination request focuses on whether there is a substantial new question of patentability (SNQ) or a reasonable likelihood that the requester will prevail (RLP), rather than determining the ultimate patentability of the claims. According to MPEP 2646: “In the decision on the request, the examiner does not decide the ultimate…
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