What is the examiner’s role in considering prior art citations in reexamination proceedings?

What is the examiner’s role in considering prior art citations in reexamination proceedings?

In reexamination proceedings, the examiner plays a crucial role in evaluating prior art citations. According to MPEP 2253, “The examiner must consider each citation submitted in an ex parte reexamination request or by the patent owner under 37 CFR 1.501 or 37 CFR 1.555.” This means that the examiner is responsible for thoroughly reviewing all submitted prior art to determine its relevance to the patentability of the claims under examination.

The examiner’s consideration includes:

• Evaluating the relevance of each citation to the patent claims
• Determining if the cited art raises a substantial new question of patentability
• Documenting the consideration of each citation in the reexamination file

This thorough review process ensures that all relevant prior art is properly considered during the reexamination, maintaining the integrity of the patent system.

To learn more:

• reexamination
• prior art
• examiner duties
• patent examination