What are the requirements for prior art to be considered in an ex parte reexamination?

For prior art to be considered in an ex parte reexamination under 35 U.S.C. 302, it must meet specific requirements. According to MPEP 2244:

1. Type of prior art: Only patents and printed publications are acceptable.
2. Relevance: The prior art must be relevant to the claimed invention.
3. Date of publication: The prior art must have been published before the effective filing date of the patent under reexamination.
4. Not previously considered: The prior art should raise a substantial new question of patentability.

The MPEP states: “The prior art applied in the claims rejected by the examiner must be made of record in the reexamination file.” This ensures that all considered prior art is properly documented and available for review.

To learn more:

• ex parte reexamination
• prior art requirements
• patents
• printed publications