What types of prior art can be considered in ex parte reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. In ex parte reexaminations ordered under 35 U.S.C. 304, the types of prior art that can be considered are limited. According to MPEP 2209 : “ In ex parte reexaminations ordered under 35 U.S.C. 304, prior art considered during reexamination is limited to prior art patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103. Patents may also be applied in a double patenting rejection as discussed in MPEP § 2258 subsection I.D. “ However, it’s important to note that this limitation does not apply to ex parte reexaminations ordered under 35 U.S.C. 257 (supplemental examination), where the prior art considered is not limited to patents and printed publications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirements for Ex Parte Reexamination MPEP 2209 Required Request for Ex Parte Reexamination Allowed MPEP 2209 Procedures for Ex Parte Reexamination MPEP 2209 Request for Ex Parte Reexamination of Issued Patent MPEP 2003.01 Permitted Limitations on Rejections in Ex Parte Reexamination MPEP 2209 Permitted Public Access to Supplemental Examination Papers MPEP 2209 Reexamination Proceedings Similar to Regular Examination MPEP 2209 Request for Ex Parte Reexamination Allowed at Any Time During Patent Enforceability MPEP 2212 Prohibited Request for Ex Parte Reexamination Allowed During Patent Enforceability MPEP 2210 Prohibited Request for Ex Parte Reexamination Allowed During Patent Enforceability Period MPEP 2214 Prohibited Other Related FAQs 5 FAQs Collapse Can claim scope be enlarged during ex parte reexamination? What are the expectations regarding conduct in ex parte reexamination proceedings? How does ex parte reexamination diff...