How does the USPTO determine if an SNQ exists for patent reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO determines if a substantial new question of patentability (SNQ) exists for patent reexamination through a careful evaluation process. According to MPEP 2242:

“If a reexamination request relies on references already considered by the Office, the request must demonstrate that a substantial new question of patentability is raised by the art, when the art is considered under the current interpretation of the claims.”

The USPTO considers several factors when determining if an SNQ exists:

• Whether the prior art is new or was previously considered
• The relevance of the prior art to the claimed invention
• Whether the prior art teaches a new, non-cumulative technological aspect
• The current interpretation of the claims

If these factors suggest that the prior art raises a new question about the patentability of at least one claim, an SNQ may be found to exist, warranting reexamination.