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Simple English definitions for legal terms
substantial new question of patentability
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A quick definition of substantial new question of patentability:
A substantial new question of patentability is a requirement that must be met for the Commissioner for Patents to order a reexamination of a patent's validity. This means that there must be a significant doubt about the patent's original examination and that new evidence or information has come to light that could affect its validity. The U.S. Patent and Trademark Office cannot reopen an examination based solely on prior art and issues that were already addressed during the original examination.
A more thorough explanation:
A substantial new question of patentability is a legal term used in patents. It refers to a threshold that must be met before the Commissioner for Patents can order a reexamination of a patent's validity. The U.S. Patent and Trademark Office cannot reopen an examination based solely on prior art and issues that arose during the original examination.
One example of a substantial new question of patentability could be if new evidence is discovered that was not considered during the original examination. For instance, if a company discovers a prior art that was not previously known, they can request a reexamination of the patent's validity.
Another example could be if there is a change in the law that affects the patent's validity. For example, if a new court ruling is made that affects the interpretation of a patent's claims, this could be considered a substantial new question of patentability.
These examples illustrate how a substantial new question of patentability requires more than just a simple challenge to a patent's validity. It must be a significant issue that was not previously considered and has the potential to affect the patent's validity.