Expanded BPAI Panel Shoots Down Repackaged SNQ
Since In re Swanson , the
standard for establishing a Substantial New Question of Patentability (SNQ) in
a patent reexamination has been quite liberal. A requester need only
establish that the submitted art be presented in a new light . Thus,
SNQ Review Options Vary Significantly Between Ex Parte & Inter Partes Patent Reexamination
As discussed back in March relative to inter partes reexamination, the
proper mechanism for seeking review of a denied Substantial New
Question Of Patentability (SNQ) may depend on the status of the...
By Michael Murphy and Martin Bader
On Tuesday of last week [Oct. 2nd], the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does not raise a substantial new question...