Can new prior art be submitted during the reexamination process under 35 U.S.C. 302?
The submission of new prior art during the reexamination process under 35 U.S.C. 302 is subject to specific rules. According to MPEP 2244: “After reexamination is ordered based on the request, any later submitted patents and/or printed publications must be accompanied by a submission under 37 CFR 1.501(c) and may be utilized in the continuing…
Read MoreWhat happens if new prior art is discovered during inter partes reexamination?
If new prior art is discovered during inter partes reexamination, the process for handling it depends on who discovers the art and when. According to MPEP 2657: “After the request for inter partes reexamination is filed, the third party requester may cite additional prior art as provided for in 37 CFR 1.948. The third party…
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