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…
Read MoreWhat types of documents can be submitted as prior art in patent reexamination?
According to MPEP 2204, the types of documents that can be submitted as prior art in patent reexamination are limited to patents and printed publications. The MPEP specifically states: “Prior art in the form of patents or printed publications may be cited to the Office for placement into the patent file at any time during…
Read MoreWhat types of submissions require service on the patent owner?
According to the MPEP, the following types of submissions by persons other than the patent owner require service on the patent owner: Prior art patents Printed publications Section 301 written statements Additional information in a patent file The MPEP specifically states: “A copy of any submission of prior art patents, printed publications, and/or section 301…
Read MoreWhat types of prior art can be used in a reexamination request under 35 U.S.C. 302?
In a reexamination request under 35 U.S.C. 302, the following types of prior art can be used: Patents or printed publications Prior art that was available to the public before the effective filing date of the claimed invention Prior art that raises a substantial new question of patentability As stated in MPEP 2244: “The prior…
Read MoreCan a secret patent be used as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b)?
No, a secret patent cannot be used as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b). The MPEP 2126 states: “Even if a patent grants an exclusionary right (is enforceable), it is not available as prior art under 35 U.S.C. 102(a) or pre-AIA 35 U.S.C. 102(a) or (b) if it…
Read MoreWhat types of prior art can be used in an ex parte reexamination request?
In an ex parte reexamination request, the prior art that can be used is limited to: Prior art patents Printed publications The MPEP clearly states: “The prior art applied may only consist of prior art patents or printed publications.” This limitation is important to note, as other forms of prior art, such as public use…
Read MoreWhat types of prior art can be cited in a request for ex parte reexamination under 35 U.S.C. 302?
According to MPEP 2244, the types of prior art that can be cited in a request for ex parte reexamination under 35 U.S.C. 302 are: Patents Printed publications The MPEP states: “The prior art that may be submitted under 35 U.S.C. 302 is limited to ‘patents or printed publications.’” This means that other forms of…
Read MoreWhat are the requirements for prior art to be considered in an ex parte reexamination?
For prior art to be considered in an ex parte reexamination under 35 U.S.C. 302, it must meet specific requirements. According to MPEP 2244: Type of prior art: Only patents and printed publications are acceptable. Relevance: The prior art must be relevant to the claimed invention. Date of publication: The prior art must have been…
Read MoreWhat prior art can be used in determining a substantial new question of patentability?
The determination of a substantial new question of patentability or a reasonable likelihood that the requester will prevail can be based on any prior art patents or printed publications. As stated in MPEP 2644: “The determination of whether or not ‘a substantial new question of patentability’ or ‘a reasonable likelihood that the requester will prevail’…
Read MoreWhat is the requirement for listing prior art in a reexamination request?
The reexamination request must provide a listing of the patents and printed publications discussed in the request, as specified in 37 CFR 1.98. This requirement is explained in MPEP § 2614. As stated in MPEP 2657: “The reexamination request must provide a listing of the patents and printed publications (discussed in the request) as provided…
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