Can new prior art be submitted during the reexamination process under 35 U.S.C. 302?

The submission of new prior art during the reexamination process under 35 U.S.C. 302 is subject to specific rules. According to MPEP 2244:

“After reexamination is ordered based on the request, any later submitted patents and/or printed publications must be accompanied by a submission under 37 CFR 1.501(c) and may be utilized in the continuing prosecution of the reexamination.”

This means:

• New prior art can be submitted after reexamination is ordered
• The submission must comply with 37 CFR 1.501(c)
• The new prior art may be considered in the ongoing reexamination process

It’s important to note that while new prior art can be submitted, it should still be relevant to raising a substantial new question of patentability for the claims under reexamination.

To learn more:

• reexamination
• new prior art
• 35 U.S.C. 302
• 37 CFR 1.501(c)
• patent procedure