In an Official Gazette notice dated 1 April 2026, the USPTO announced a new procedure allowing patent owners to submit a limited “pre order” paper addressing whether a third party ex parte reexamination request raises a Substantial New Question (SNQ) of patentability under 35 U.S.C. § 303(a).
Read MoreOn 26 July 2024, the Federal Circuit entered its decision in SoftView LLC, v. Apple Inc.1 holding that patent owner estoppel2 applies to newly presented and amended claims, but does not apply to issued claims. The Federal Circuit also confirmed that patent owner estoppel prevents a patent applicant from later obtaining a patent claim that is “not patentably distinct” from a finally refused or cancelled claim, but that patent owner estoppel does not apply to defending issued, unamended claims.
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