What is the standard for granting inter partes reexamination?

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.

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.