What is a decision denying reexamination?
A decision denying reexamination is a formal response issued by a patent examiner when a request for inter partes reexamination fails to establish a substantial new question of patentability (SNQ) or a reasonable likelihood of prevailing (RLP) based on patents or printed publications. As stated in the MPEP:
“The request for reexamination will be denied if a SNQ/RLP is not found based on patents or printed publications.”
The examiner prepares this decision, explaining why the request does not meet the required standard for each cited patent or publication.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2647 - Decision Denying Reexamination
Patent Law
Patent Procedure