How is the list of prior art documents made available after reexamination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

After the reexamination process is complete, the list of prior art documents is made available to the public. MPEP 2257 explains:

“A notice will be printed on the reexamination certificate to state that the list of cited prior art documents will be available via the USPTO patent electronic filing system by the reexamination control number.”

This means that interested parties can access the list of prior art considered during the reexamination by searching for the specific reexamination control number in the USPTO’s electronic filing system.