How is prior art handled in ex parte reexamination after the order is issued?

The handling of prior art in ex parte reexamination after the order is issued is governed by specific rules. According to MPEP 2246:

1. Prior art citations or written statements under 37 CFR 1.501 submitted after the date of the decision on the order are stored until the reexamination is concluded.
2. After the reexamination proceeding is concluded, these submissions are entered into the patent file.
3. Submissions filed after the date of an order for reexamination will not be considered by the examiner during the reexamination.

The MPEP states: “Any prior art citations or written statements under 37 CFR 1.501 submitted after the date of the decision on the order are stored until the reexamination is concluded.” This approach ensures that the reexamination focuses on the substantial new question of patentability identified in the order, while still preserving relevant information for future reference.

To learn more:

• ex parte reexamination
• prior art
• patent examination
• USPTO procedures
• patent file