English
Effectively Presenting a Request for Patent Reexamination (Part I)
The purpose of a reexamination request is quite simple, to present Substantial New Questions (SNQs) of patentability relative to some or all of the claims of an issued patent. An effective reexamination request presents SNQs in a straight forward fashion, in a manner consistent with Office guidelines set forth in the MPEP. If effectively presented, the Office adopts the SNQs, which form the basis of an order granting reexamination of the issued patent.
The rules of practice require that the content of an ex parte request include the components of rule 37 C.F.R. § 1.510, and for inter partes, the components of rule 37 C.F.R. § 1.915. Regardless of the type of request, each must include “a statement pointing out each substantial new question of patentability based on the cited patents and printed publications, and a detailed explanation of the pertinency and manner of applying the patents and printed publications to every claim for which reexamination is requested.”[1]
In other words, the Office reviews reexamination requests for certain key information. Thus, practitioners should understand the Office perspective relative Read the rest of this entry »
