What happens if a substantial new question of patentability is raised during reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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 the patent for resolution of the question. “ This means that once a substantial new question of patentability is identified, the Office must proceed with the reexamination to resolve the issue. This ensures that all potential issues affecting the validity of a patent are thoroughly examined. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Office Must Resolve Substantial New Question of Patentability MPEP 2821 Substantial New Question of Patentability Must Be Addressed MPEP 2246 Recommended Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 Substantial New Question of Patentability Required for Reexamination MPEP 2240 Substantial New Question of Patentability Present Unless Decided MPEP 2242 Substantial New Question of Patentability Can Be Re-Presented MPEP 2242 Permitted Substantial New Question of Patentability Requirement Protects Patentees from Unjustified Reexaminations MPEP 2240 Requirement for Substantial New Question of Patentability in Ex Parte Reexamination Request MPEP 2216 Required Supplemental Examination and Ex Parte Reexamination Not Merged with Other Office Proceedings MPEP 2821 Office Will Not Merge Supplemental Examination Proceedings MPEP 2821 Other Related FAQs 5 FAQs Collapse Can supplemental examination proceedings be merged with other proceedings? What is the time limit ...