MPEP § 2602 — Citation of Prior Art (Annotated Rules)

§2602 Citation of Prior Art

USPTO MPEP version: BlueIron's Update: 2026-01-17

This page consolidates and annotates all enforceable requirements under MPEP § 2602, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Citation of Prior Art

This section addresses Citation of Prior Art.

Key Rules

Topic

AIA Effective Dates

2 rules
StatutoryInformativeAlways
[mpep-2602-2cb8a997eb452b104409f529]
Citations of Prior Art Allowed but Processed Differently Post-2012
Note:
This rule allows citations of prior art under 37 CFR 1.501, but requires them to be processed according to 37 CFR 1.902 for inter partes reexamination requests filed after September 16, 2012.

Citations of prior art continue to be allowed under 37 CFR 1.501. See MPEP §§ 2202 through 2206 and 2208 for the manner of making such citations and Office handling of the same. However, the Office does not accept requests for inter partes reexamination filed on or after September 16, 2012, and therefore any filed citation of prior art under 37 CFR 1.501 will only be processed in accordance with 37 CFR 1.902 in an inter partes reexamination request filed prior to September 16, 2012. See 37 CFR 1.913(b). Guidance on the former practice is available in revision 07.2022 of the 9 th Edition of the MPEP.

Jump to MPEP Source · 37 CFR 1.501AIA Effective DatesRequest Content RequirementsAIA Overview and Effective Dates
StatutoryInformativeAlways
[mpep-2602-84f713bfe7c7320530d535fd]
Citation of Prior Art Under AIA Effective Dates
Note:
Guidance on the former practice for citing prior art under the America Invents Act effective dates is provided in revision 07.2022 of the 9th Edition of the MPEP.

Citations of prior art continue to be allowed under 37 CFR 1.501. See MPEP §§ 2202 through 2206 and 2208 for the manner of making such citations and Office handling of the same. However, the Office does not accept requests for inter partes reexamination filed on or after September 16, 2012, and therefore any filed citation of prior art under 37 CFR 1.501 will only be processed in accordance with 37 CFR 1.902 in an inter partes reexamination request filed prior to September 16, 2012. See 37 CFR 1.913(b). Guidance on the former practice is available in revision 07.2022 of the 9 th Edition of the MPEP.

Jump to MPEP Source · 37 CFR 1.501AIA Effective DatesRequest Content RequirementsAIA Overview and Effective Dates

Citations

Primary topicCitation
AIA Effective Dates37 CFR § 1.501
AIA Effective Dates37 CFR § 1.902
AIA Effective Dates37 CFR § 1.913(b)
AIA Effective DatesMPEP § 2202

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-17