What is the purpose of the “substantial new question of patentability” requirement in reexamination?
The “substantial new question of patentability” requirement serves to protect patentees from unnecessary reexaminations. MPEP 2244 explains:
“The substantial new question of patentability requirement protects patentees from having to respond to, or participate in unjustified reexaminations.”
This requirement ensures that reexaminations are only conducted when there is a legitimate basis for questioning the validity of the patent, based on new or newly applied prior art.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2244 - Prior Art On Which The Determination Is Based In Requests Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure