What types of documents can be cited as prior art in a reexamination proceeding?
What types of documents can be cited as prior art in a reexamination proceeding?
According to MPEP 2602, the types of documents that can be cited as prior art in a reexamination proceeding are limited to patents and printed publications. The MPEP states:
“Only patents or printed publications may be cited under 35 U.S.C. 301 and 37 CFR 1.501 for entry into the patent file.”
This means that other types of prior art, such as public use or sale, are not admissible in reexamination proceedings. The cited documents must be:
- Patents (U.S. or foreign)
- Printed publications (such as journal articles, books, or other publicly available documents)
It’s important to note that the cited documents must have been publicly available before the patent’s filing date to be considered valid prior art.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2602 - Citation Of Prior Art,
Patent Law,
Patent Procedure