Can parties submit copies of copending reexamination proceedings to a patent file?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

No, parties are not permitted to submit copies of copending reexamination proceedings or applications to a patent file. The MPEP 2207 clearly states:

“It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status.”

Instead of submitting copies, parties should provide a notice that identifies the application or proceeding number and its current status. This approach helps prevent confusion and maintains the clarity of the patent file.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2207 - Entry Of Court Decision In Patent File Patent Law Patent Procedure
Tags: Contested Case Jurisdiction, Reexamination Cru