37 CFR § 1.902 — Processing of prior art citations during aninter partesreexamination proceeding. — MPEP Index – BlueIron IP
37 CFR § 1.902 Processing of prior art citations during aninter partesreexamination proceeding.
This page consolidates MPEP guidance interpreting 37 CFR § 1.902, including 14 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section outlines the process for submitting prior art citations during an inter partes reexamination proceeding to inform patent owners and the public about existing patents or printed publications.
What this section covers
- The section covers the submission of prior art in the form of patents or printed publications to the Office for inclusion in patent files during inter partes reexamination proceedings.
Key obligations
- Submissions of prior art citations may be made without payment of a fee.
- Citations can be submitted separately from and without requesting reexamination.
Practice notes
- Ensure all necessary information is included with the citation to properly format and submit prior art.
- Avoid submitting duplicate prior art citations to prevent unnecessary processing delays.
Official MPEP § 1.902 — Processing of prior art citations during aninter partesreexamination proceeding.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.902 Processing of prior art citations during an inter partes reexamination proceeding.
Citations by the patent owner in accordance with § 1.933 and by an inter partes reexamination third party requester under § 1.915 or § 1.948 will be entered in the inter partes reexamination file. The entry in the patent file of other citations submitted after the date of an order for reexamination pursuant to § 1.931 by persons other than the patent owner, or the third party requester under either § 1.913 or § 1.948 , will be delayed until the inter partes reexamination proceeding has been concluded by the issuance and publication of a reexamination certificate. See § 1.502 for processing of prior art citations in patent and reexamination files during an ex parte reexamination proceeding filed under § 1.510 .
[Added, 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007]
- Aia Practice
- Aia Overview
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- Reexamination Conclusion
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- Reissue
- Reissue Application
- Reissue Concurrent Proceedings
| MPEP Section | Rules |
|---|---|
| MPEP § 2202 | |
| MPEP § 2602 |