What are the requirements for a submission of patents and publications to be included in the reexamination certificate?
For a submission of patents and publications to be included in the reexamination certificate, it must meet specific requirements. MPEP 2257 outlines these requirements:
“A submission of patents and/or publications is entitled to entry and citation in the reexamination certificate (that will be issued) when it complies with 37 CFR 1.98 and is submitted:”
- By the patent owner in the statement under 37 CFR 1.530
- By the reexamination requester in the reply under 37 CFR 1.535
- Prior to the order of reexamination under 37 CFR 1.501 by any party
- By the patent owner under the duty of disclosure requirements of 37 CFR 1.555
These requirements ensure that all relevant prior art is properly considered and documented during the reexamination process.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2257 - Listing Of Prior Art,
Patent Law,
Patent Procedure