Bolstered by a recent district court win in Sony v. Dudas, the PTO has declared that it will no longer reexamine all claims of a patent as a matter of course. Rather, the PTO will only reexamine claims for which “a) reexamination was requested, and b) a substantial new question of patentability (SNQ) was raised.”
Documents
- USPTO: Notice of Clarification of Office Policy to Exercise Discretion in Reexamining Fewer than All the Patent Claims
- Opinion: Sony Computer v. Jon Dudas.
