What is the difference between “a substantial new question of patentability” and a “prima facie case of unpatentability”?

The MPEP distinguishes between “a substantial new question of patentability” (SNQ) and a “prima facie case of unpatentability” in the context of patent reexamination. Specifically: “It is not necessary that a ‘prima facie’ case of unpatentability exist as to the claim in order for ‘a substantial new question of patentability’ to be present as to…

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How 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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What is the conclusion of a supplemental examination?

According to MPEP 2817, the conclusion of a supplemental examination is marked by the issuance of a certificate. As stated in the MPEP: “35 U.S.C. 257(a) requires that supplemental examination ‘shall conclude with the issuance of a certificate indicating whether the information presented in the request raises a substantial new question of patentability.’” This certificate…

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