When can a third party submit prior art or written statements in a patent reexamination?
According to MPEP 2204, a third party can submit prior art or written statements under 35 U.S.C. 301 at any time during the period of enforceability of a patent. The MPEP states:
“Prior art in the form of patents or printed publications may be cited to the Office for placement into the patent file at any time during the period of enforceability of a patent by any person.”
This means that submissions can be made even after the patent has expired, as long as it’s within the enforceability period. However, it’s important to note that the submission itself does not affect the enforceability of the patent.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2204 - Time For Filing Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure