What is the purpose of listing prior art in an inter partes reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 5 Rules 5 Related FAQs 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. The purpose of listing prior art in an inter partes reexamination is to ensure that all relevant prior art is considered during the reexamination process. According to MPEP 2657 : “The reexamination request must provide a list of all prior art patents or printed publications (other than those already cited in the patent) that are relied upon to establish a substantial new question of patentability.” This listing helps the examiner and all parties involved to have a comprehensive view of the prior art that may affect the patentability of the claims under reexamination. Related Rules from the Manual of Patent Examining Procedure 5 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2657 Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2657 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Waiver of Patent Rights Takes Effect on Publication for Related Applications MPEP 1111 Permitted Third Parties Can Submit Printed Publications MPEP 1134.01 Other Related FAQs 5 FAQs Collapse How is the list of cited prior art documents made available after reexamination? How does an examiner list prior art during reexamination proceedings? What forms are used to list prior art in patent reexamination proceedings? What happens if new prior art is discovered during inter partes reexamination? How should prior art be cited in an inter partes reexamination request?