What is an SNQ in patent reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

SNQ stands for “Substantial New Question of patentability.” In the context of patent reexamination, an SNQ is a crucial factor in determining whether a reexamination request should be granted. The MPEP § 2255 mentions:

“However, if a petition under 37 CFR 1.515(c) is granted after an examiner’s determination that found the request did not raise any SNQ, the reexamination will generally be conducted by another examiner.”

This indicates that the presence or absence of an SNQ is a key consideration in the reexamination process and can influence who conducts the reexamination.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2255 - Who Reexamines Patent Law Patent Procedure
Tags: Reexamination Request