What happens if a substantial new question of patentability is not found in an inter partes reexamination request?
If a substantial new question of patentability is not found in an inter partes reexamination request, the request will be denied. The MPEP 2640 states: “If no substantial new question of patentability is found, the Director will refuse the request and no inter partes reexamination will be ordered.” In this case, the patent owner and…
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