Can parties submit copies of copending reexamination proceedings to a patent file?
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.
To learn more:
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