substantial new question of patentability
substantial new question of patentability. Patents. The statutory threshold required for the Commissioner for Patents to order that a patent’s validity be reexamined. • The U.S. Patent and Trademark Office is not authorized to reopen an examination based solely on prior art and issues that came up during the original examination. 35 USCA §§ 303–304. [Cases: Patents 136. C.J.S. Patents § 238.]