What types of prior art can be used in a reexamination request under 35 U.S.C. 302?
In a reexamination request under 35 U.S.C. 302, the following types of prior art can be used:
- Patents or printed publications
- Prior art that was available to the public before the effective filing date of the claimed invention
- Prior art that raises a substantial new question of patentability
As stated in MPEP 2244: “The prior art to be cited under 35 U.S.C. 301 must be patents or printed publications, which are applied to at least one of the claims of the patent for which reexamination is requested.” It’s important to note that other forms of prior art, such as public use or sale, cannot be used as the basis for reexamination under this section.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2244 - Prior Art On Which The Determination Is Based In Requests Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure