US Patent Alert: USPTO Gives Patent Owner a Say In New Pre-Order SNQ Process

On April 1, 2026, the United States Patent and Trademark Office (USPTO) announced a new pre-order process for permitting a patent owner to provide information useful for the USPTO to make a determination of whether an ex parte request for reexamination establishes a substantial new question of patentability as required by 35 U.S.C. 303(a). The new process allows for patent owners to provide information on why an argued teaching(s) in a request for reexamination would not raise a substantial new question of patentability. See USPTO Official Gazette Notice (og-preorder-snq-apr2026.pdf).

The process would allow Patent Owner to file information up to 30 days after being served with the request. The filing may be up to 30 pages and may include arguments, relevant facts, and declaration evidence. No government is required. The USPTO must determine whether a request raises an SNQ within three months of the request filing date.

For updates on USPTO policy and practical guidance for patent applicants, follow us or reach out. Questions about ex parte reexaminations or other post-grant proceedings can be directed to admin@usaipr.com for attorney response.