What types of prior art can be cited in a request for ex parte reexamination under 35 U.S.C. 302?
According to MPEP 2244, the types of prior art that can be cited in a request for ex parte reexamination under 35 U.S.C. 302 are:
- Patents
- Printed publications
The MPEP states: “The prior art that may be submitted under 35 U.S.C. 302 is limited to ‘patents or printed publications.’” This means that other forms of prior art, such as public use or sale, are not permissible grounds for requesting reexamination under this section.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2244 - Prior Art On Which The Determination Is Based In Requests Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure