What is the purpose of citing prior art in an inter partes reexamination?
Citing prior art in an inter partes reexamination serves to bring relevant existing patents, publications, or other information to the attention of the USPTO during the reexamination process. This helps ensure that all pertinent information is considered when determining the patentability of the claims under review.
According to MPEP 2602, “Citations by the patent owner in accordance with § 1.933 and by an inter partes reexamination third party requester under § 1.915 or § 1.948 will be entered in the inter partes reexamination file.” This allows both the patent owner and third party requesters to submit relevant prior art for consideration during the reexamination process.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2602 - Citation Of Prior Art,
Patent Law,
Patent Procedure