How does the “reasonable likelihood that the requester will prevail” standard differ from the SNQ standard?
The “reasonable likelihood that the requester will prevail” (RLP) standard was introduced for reexaminations filed between September 16, 2011, and September 16, 2012. This standard is considered more stringent than the “substantial new question of patentability” (SNQ) standard. According to the MPEP, which cites House Rep. 112-98: “The threshold for initiating an inter partes review…
Read MoreHow do court decisions impact the determination of a substantial new question of patentability?
Court decisions can impact the determination of a substantial new question of patentability (SNQ) or reasonable likelihood that the requester will prevail (RLP), but their influence varies depending on the nature of the decision. The MPEP outlines several scenarios: Final holding of validity: A final court decision that a patent claim is not invalid doesn’t…
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