How 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…
Read MoreWhat are the specific criteria for determining a substantial new question of patentability in supplemental examination?
The criteria for determining a substantial new question of patentability (SNQ) in supplemental examination are outlined in MPEP 2816.02. The key factors include: Whether the information presented in the request raises a new, non-cumulative technological teaching that was not present in the patent examination If the information suggests a reasonable likelihood that the examiner would…
Read MoreHow does the Patent and Trademark Office Authorization Act of 2002 affect ex parte reexamination?
The Patent and Trademark Office Authorization Act of 2002 significantly impacted ex parte reexamination by allowing a substantial new question of patentability to be raised based on previously cited or considered art. The MPEP 2216 explains: “After the enactment of the Patent and Trademark Office Authorization Act of 2002 (‘the 2002 Act’), a substantial new…
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