Can third parties submit prior art citations during an inter partes reexamination?
Yes, third parties can submit prior art citations during an inter partes reexamination, but the timing and method of submission are crucial. According to MPEP 2602:
“A third party requester citation will be considered if it is submitted as part of a third party requester comments submission under 37 CFR 1.947 or 1.951(b) (made as required by 37 CFR 1.948), or in a properly filed request for reexamination under 37 CFR 1.915 or 1.510 (whose art is subject to consideration in the ongoing inter partes reexamination being examined).”
This means that third party requesters can submit prior art citations:
- As part of their comments during the reexamination process
- In a new request for reexamination
However, it’s important to note that citations submitted by other third parties after an order for reexamination has been issued will be delayed in entry until the reexamination proceeding has concluded.
To learn more: