Are copies of U.S. patents and patent application publications required in reexamination requests?
Are copies of U.S. patents and patent application publications required in reexamination requests?
Generally, copies of U.S. patents and U.S. patent application publications are not required to be submitted with reexamination requests. The MPEP 2218 states:
“The requirement for the submission of a copy of every patent or printed publication relied upon or referred to in the request, pursuant to 37 CFR 1.510(b)(3), is waived to the extent that copies of U.S. patents and U.S. patent application publications which are relied upon or referred to in the request are not required to be submitted with the request, unless specifically required by the Office.”
This waiver aligns with 37 CFR 1.98, which excludes U.S. patents and U.S. patent publications from the requirement for submission of legible copies in information disclosure statements. However, it’s important to note that the Office may still specifically require these documents in certain cases.
To learn more: