What is the time limit for submitting prior art citations in a reexamination proceeding?

What is the time limit for submitting prior art citations in a reexamination proceeding? According to MPEP 2602, there is no time limit for submitting prior art citations in a reexamination proceeding. The MPEP states: “There is no time limit for submitting prior art citations in a reexamination proceeding.” This means that patent owners and…

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How can a third party submit prior art citations in a reexamination proceeding?

How can a third party submit prior art citations in a reexamination proceeding? According to MPEP 2602, third parties can submit prior art citations in a reexamination proceeding using specific procedures: Third parties must submit citations in writing to the Office of Patent Legal Administration (OPLA). The submission must be limited to citations of patents…

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What are the limitations on written statements submitted with prior art citations?

Written statements submitted with prior art citations have specific limitations. According to MPEP 2202: “The written statement should be directed to the pertinence of the cited prior art. A written statement submitted by a person other than the patent owner must not include any information that goes beyond the citation of patents and publications.” This…

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How are prior art citations handled when submitted after an order for inter partes reexamination?

The handling of prior art citations submitted after an order for inter partes reexamination depends on who submits them. According to MPEP 2602: Patent owner citations: “A patent owner citation will normally be considered if it is submitted in time to do so before the reexamination certificate issues.” Third party requester citations: “A third party…

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What is the difference between handling prior art citations in ex parte and inter partes reexaminations?

While there are similarities in handling prior art citations between ex parte and inter partes reexaminations, there are also key differences. According to MPEP 2602: “If the prior art citation satisfies 37 CFR 1.501 and was submitted prior to an order for reexamination, the cited documents (citations) will be considered in an inter partes reexamination…

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