How does the degree of consideration for submitted prior art differ in ex parte reexamination?
In ex parte reexamination, the degree of consideration given to submitted prior art depends on how the information is presented. The MPEP states: “Where patents, publications, and other such documents are submitted by a party (patent owner or requester) in compliance with the requirements of the rules, the requisite degree of consideration to be given…
Read MoreWhat happens to citations submitted after a reexamination request is filed?
When citations are submitted after a reexamination request has been filed, they are handled as follows: The citations are placed in the reexamination file They are considered by the examiner during the reexamination proceeding The citations are not given a control number They are not listed as a separate citation entry in the patent’s Image…
Read MoreHow does 35 U.S.C. 312(a) affect the determination in inter partes reexamination?
35 U.S.C. 312(a) provides flexibility in the determination process for inter partes reexamination. According to MPEP 2644: “35 U.S.C. 312(a) provides that the determination on a request will be made ‘with or without consideration of other patents or printed publications,’ i.e., other than those relied upon in the request.” This means that the examiner has…
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