What happens if a substantial new question of patentability is raised during reexamination?
If a substantial new question of patentability is raised during reexamination, the USPTO is required to address it. The MPEP 2821 cites 35 U.S.C. 304, which states: “If… the Director finds that a substantial new question of patentability affecting any claim of a patent is raised, the determination will include an order for reexamination of…
Read MoreWhat is a “substantial new question of patentability” in patent reexamination?
A “substantial new question of patentability” (SNQ) is the key criterion for deciding whether to order reexamination of a patent under 35 U.S.C. 302. According to the MPEP 2242, an SNQ exists when: Prior art patents or printed publications raise a substantial question of patentability for at least one claim, and The same question has…
Read MoreCan a substantial new question of patentability (SNQ) be based on old art in supplemental examination?
Yes, a substantial new question of patentability (SNQ) can be based on old art in supplemental examination, provided it is presented or viewed in a new light compared to previous examinations. The MPEP clarifies: Reliance on old art does not necessarily preclude the existence of a substantial new question of patentability (SNQ) that is based…
Read MoreWhat is a substantial new question of patentability in inter partes reexamination?
A substantial new question of patentability (SNQ) is a key criterion for granting inter partes reexamination requests filed before September 16, 2011. It refers to a question that: Has not been raised in a previous examination of the patent Is likely to be considered important by a reasonable examiner in determining patentability Is based on…
Read MoreWhat 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 is a “substantial new question of patentability” in ex parte reexamination?
A “substantial new question of patentability” is a key requirement for initiating an ex parte reexamination. As stated in MPEP 2209: “The Office initially determines if ‘a substantial new question of patentability’ (35 U.S.C. 303(a)) is presented. If such a new question has been presented, reexamination will be ordered.“ This requirement ensures that the USPTO…
Read MoreWhat constitutes “substantial activity” in the U.S. for the on-sale bar under pre-AIA law?
The concept of “substantial activity” in the U.S. is crucial for determining if foreign sales can trigger the on-sale bar under pre-AIA law. While the MPEP doesn’t provide an exhaustive definition, it offers guidance: “‘On sale’ status can be found if substantial activity prefatory to a ‘sale’ occurs in the United States.” (MPEP 2133.03(d)) This…
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