How should prior art patents and printed publications be cited in an inter partes reexamination request?
When citing prior art patents and printed publications in an inter partes reexamination request, follow these guidelines from MPEP 2614: Provide a detailed explanation of the pertinency and manner of applying the cited prior art to every claim for which reexamination is requested. Include copies of all cited patents or printed publications, except those already…
Read MoreHow did the America Invents Act (AIA) affect prior art citations in inter partes reexamination?
The Leahy-Smith America Invents Act (AIA) introduced new provisions for submitting information in patent proceedings, but it did not significantly alter the process for prior art citations in inter partes reexamination. According to MPEP 2602: “The Leahy-Smith America Invents Act (the AIA), Public Law 112-29, 125 Stat. 284, enacted September 16, 2011, provided, under 35…
Read MoreWhat does the International Search Report contain?
The International Search Report (ISR) contains several key elements as outlined in MPEP 1844: Citations of documents considered relevant (PCT Rule 43.5 and Administrative Instructions Section 503) Classification of the subject matter of the invention (PCT Rule 43.3 and Administrative Instructions Section 504) Indication of the fields searched (PCT Rule 43.6) The ISR also includes…
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