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What types of documents can be cited as prior art in a reexamination proceeding?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 5 Rules5 Related FAQs This page is an FAQ based on guidance 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. According to MPEP 2602, the types of documents that can…

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What types of submissions require service on the patent owner?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance 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. According to the MPEP, the following types of submissions by…

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What types of prior art can be used in a reexamination request under 35 U.S.C. 302?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance 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. In a reexamination request under 35 U.S.C. 302, the following…

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What types of prior art can be used in an ex parte reexamination request?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance 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. In an ex parte reexamination request, the prior art that…

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What types of prior art can be cited in a request for ex parte reexamination under 35 U.S.C. 302?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance 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. According to MPEP 2244, the types of prior art that…

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What are the requirements for prior art to be considered in an ex parte reexamination?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance 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. For prior art to be considered in an ex parte…

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What prior art can be used in determining a substantial new question of patentability?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 8 Rules5 Related FAQs This page is an FAQ based on guidance 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. The determination of a substantial new question of patentability or…

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What is the requirement for listing prior art in a reexamination request?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance 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. The reexamination request must provide a listing of the patents…

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What types of prior art can be considered in ex parte reexamination?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance 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. In ex parte reexaminations ordered under 35 U.S.C. 304, the…

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Can non-patent literature be used as prior art in ex parte reexamination requests?

By russ.krajec@blueironip.com | September 30, 2024

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30 10 Rules5 Related FAQs This page is an FAQ based on guidance 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. Yes, non-patent literature can be used as prior art in…

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