What is the standard for granting inter partes reexamination?
The granting of an inter partes reexamination request is based on a specific standard set by law. The MPEP 2609 states:
The standard for granting reexamination (see 35 U.S.C. 312(a)) must be met for reexamination to be ordered;
This standard, as defined in 35 U.S.C. 312(a), requires that the request must raise a substantial new question of patentability affecting any claim of the patent. The USPTO must determine if the submitted prior art or arguments present a new, non-cumulative technological teaching that was not previously considered and that is relevant to the patentability of any claim.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2609 - Inter Partes Reexamination,
Patent Law,
Patent Procedure