What are the requirements for submitting prior art after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC)?
Submitting prior art after the Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) requires meeting specific conditions due to the statutory mandate for “special dispatch” in reexamination proceedings. The MPEP states:
“[T]he submission must be accompanied by (A) a factual accounting providing a sufficient explanation of why the information submitted could not have been submitted earlier, (B) an unequivocal statement that one or more claims are unpatentable, and (C) an amendment to such claim or claims, and an explanation as to how the amendment causes such claim or claims to be patentable. This must be provided via a petition under 37 CFR 1.182 (with the petition fee) for entry and consideration of the information submitted after NIRC.”
These requirements ensure that the reexamination process is not unduly delayed while still allowing for the consideration of crucial information that could affect patentability.
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