MPEP 2242: Substantial New Question of Patentability

Answer in brief

MPEP 2242 explains the threshold for ex parte reexamination: the request must raise "a substantial new question of patentability" based on patents or printed publications. The term is not defined in the statute and is developed case by case.

What MPEP 2242 covers

If a substantial new question is found, reexamination is ordered.

A reasonable examiner would consider the prior art important in deciding patentability.
Prior art already considered in an earlier proceeding can still raise a new question if presented in a new light.
Only patents and printed publications qualify as a basis.

How examiners use it

The decision on the request identifies each substantial new question found, or explains why there is none.

On the patent bar

Know the standard and that reexamination is limited to patents and printed publications.

Read the full text

Official title: Criteria for Deciding Request Filed under 35 U.S.C. 302 [R-10.2019].

Read MPEP 2242 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2242.

Sources for this entry

USPTO — MPEP § 2242 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

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Cite or share this entry

MPEP.net. “MPEP 2242: Substantial New Question of Patentability.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2242/