How should prior art be cited in an inter partes reexamination request?
When citing prior art in an inter partes reexamination request, it’s important to follow the specific guidelines outlined in MPEP 2657. The manual states:
“The prior art patents and printed publications should be listed in a form similar to that provided by 37 CFR 1.98(b)(1) and (2). The request must also include a copy of each listed document, except for U.S. patents and U.S. patent application publications.”
To properly cite prior art:
- List patents and publications in a format similar to an Information Disclosure Statement (IDS)
- Include copies of all listed documents, except for U.S. patents and U.S. patent application publications
- Ensure that each citation is complete and accurate to facilitate examination
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2657 - Listing Of Prior Art,
Patent Law,
Patent Procedure