How are properly submitted documents handled in inter partes reexamination?

When documents are properly submitted in accordance with 37 CFR 1.985 during inter partes reexamination, the USPTO has a specific process for handling them. According to MPEP 2686:

“Any proper submission pursuant to 37 CFR 1.985 will be promptly entered into the record of the reexamination file, and will be considered by the examiner as to its content, when the proceeding comes up for action on the merits.”

This means that properly submitted documents, such as papers from litigation discovery related to the patent under reexamination, will be entered into the file and considered by the examiner during the next substantive review of the case.

To learn more:

• inter partes reexamination
• document submission
• USPTO procedures
• examiner consideration