What is a substantial new question of patentability in ex parte reexamination?
A substantial new question of patentability (SNQ) is a key factor in determining whether an ex parte reexamination will be ordered. According to MPEP 2246, the examiner must identify at least one SNQ and explain how the prior art raises such a question. The decision should point out: The prior art that adds new teaching…
Read MoreWhat happens if a Substantial New Question of Patentability (SNQ) is raised?
If the supplemental examination certificate states that a Substantial New Question of Patentability (SNQ) is raised, an ex parte reexamination of the patent will be ordered. As stated in MPEP 2817: “If the supplemental examination certificate states that a SNQ is raised by one or more of the items of information submitted as part of…
Read MoreWhat is the “substantial new question of patentability” criterion in patent reexamination?
The “substantial new question of patentability” (SNQ) is a key criterion for deciding whether to grant a request for patent reexamination. According to the MPEP, A prior art patent or printed publication raises a substantial question of patentability where there is a substantial likelihood that a reasonable examiner would consider the prior art patent or…
Read MoreWhat is a substantial new question of patentability (SNQ) in patent reexamination?
A substantial new question of patentability (SNQ) is a crucial concept in patent reexamination. According to MPEP 2242: “If the prior art patents and/or printed publications raise a substantial new question of patentability as to at least one claim of the patent, then a substantial new question of patentability as to the patent is present,…
Read MoreWhat standards are used to evaluate reexamination requests?
The standards used to evaluate reexamination requests have changed over time. For requests filed: Prior to September 16, 2011: The standard was “substantial new question of patentability” (SNQ). From September 16, 2011 to September 15, 2012: The standard was “reasonable likelihood that requester will prevail” (RLP). The MPEP provides specific language for each standard: “No…
Read MoreWhat is an SNQ in patent reexamination?
SNQ stands for “Substantial New Question of patentability.” In the context of patent reexamination, an SNQ is a crucial factor in determining whether a reexamination request should be granted. The MPEP § 2255 mentions: “However, if a petition under 37 CFR 1.515(c) is granted after an examiner’s determination that found the request did not raise…
Read MoreWhat happens if a substantial new question of patentability (SNQ) is found during supplemental examination?
If a substantial new question of patentability (SNQ) is found during supplemental examination, the following occurs: Reexamination will be ordered under 35 U.S.C. 257. The Office may, at its discretion, reexamine claims other than those for which supplemental examination was originally requested. As stated in MPEP 2816.01: “If the examiner determines that a SNQ affecting…
Read MoreHow can a patent owner seek review of a Substantial New Question of Patentability (SNQ) determination?
A patent owner can seek review of a Substantial New Question of Patentability (SNQ) determination before the Board along with an appeal of the examiner’s rejections. The MPEP outlines the process: “To obtain review of the SNQ issue, patent owner must include the SNQ issue and the appropriate arguments in its appeal brief to the…
Read MoreWhat happens to the reexamination fee if no SNQ is raised in supplemental examination?
If no Substantial New Question of patentability (SNQ) is raised during supplemental examination, the fee for reexamination is refunded. According to MPEP 2818: “The fee for reexamination ordered as a result of supplemental examination, as set forth in 37 CFR 1.20(k)(2), will be refunded in accordance with 37 CFR 1.610(d).” This refund policy ensures that…
Read MoreHow 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…
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