What sources of prior art are considered during patent reexamination?

During patent reexamination, examiners consider prior art from various sources. MPEP 2657 outlines these sources:

  • Prior art of record in the patent file due to submissions under 37 CFR 1.501 received before the reexamination order
  • Prior art of record from earlier examination proceedings
  • Prior art discovered by the examiner during a prior art search
  • Prior art submitted pursuant to 37 CFR 1.948

This comprehensive approach ensures that all relevant prior art is considered during the reexamination process.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2657 - Listing Of Prior Art, Patent Law, Patent Procedure
Tags: patent examination, Prior Art Sources