What 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 not been decided in an earlier examination or review of the patent, or in a final court decision.

The MPEP states: 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 printed publication important in deciding whether or not the claim is patentable.

It’s important to note that an SNQ can be based solely on previously considered prior art if it’s being presented in a new light or with a new interpretation.

To learn more:

• substantial new question of patentability
• SNQ
• patent reexamination
• prior art
• patent claims