What standards are used to evaluate reexamination requests?
The standards used to evaluate reexamination requests have changed over time. For requests filed:
- Prior to September 16, 2011: The standard was “substantial new question of patentability” (SNQ).
- From September 16, 2011 to September 15, 2012: The standard was “reasonable likelihood that requester will prevail” (RLP).
The MPEP provides specific language for each standard:
“No substantial new question of patentability is raised by the present request for inter partes reexamination and the prior art cited therein for the reasons set forth below.”
“For the reasons set forth below, the present request for inter partes reexamination fails to establish a reasonable likelihood that requester will prevail with respect to at least one of the challenged claims of United States Patent Number [1].”
Examiners use these standards to determine whether to grant or deny a reexamination request.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2647 - Decision Denying Reexamination,
Patent Law,
Patent Procedure