What types of prior art can be used in an ex parte reexamination request?
In an ex parte reexamination request, the prior art that can be used is limited to:
- Prior art patents
- Printed publications
The MPEP clearly states: “The prior art applied may only consist of prior art patents or printed publications.” This limitation is important to note, as other forms of prior art, such as public use or sale, are not considered in ex parte reexamination proceedings.
It’s also worth noting that the prior art regime (first-inventor-to-file or first-to-invent) under which the patent was examined will generally be applied in the reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2217 - Statement Applying Prior Art In A Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure