What 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 prior art or other information not previously considered

For example, the MPEP states: As pointed out on pages 2-3 of the request, Smith teaches using an extruder supported on springs at a 30 degree angle to the horizontal but does not teach the specific polymer of claims 1-3 which is extruded. The teaching as to spring-supporting the extruder at 30 degrees was not present in the prosecution of the application which became the Key patent. This new teaching raised an SNQ for the claims in question.

To learn more:

• inter partes reexamination
• substantial new question of patentability
• SNQ
• patent examination