Can a patent owner submit prior art citations in their own reexamination proceeding?

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, according to MPEP 2602, a patent owner can submit prior art citations in their own reexamination proceeding. The MPEP states:

“The patent owner may file citations of patents or printed publications in the patent file for subsequent use in the patent.”

This means that patent owners have the right to submit relevant prior art that they believe might affect the patentability of their invention. By doing so, they can:

• Preemptively address potential challenges to their patent
• Demonstrate the novelty and non-obviousness of their invention in light of known prior art
• Strengthen their patent by having it examined in view of all relevant prior art

It’s important to note that patent owners should submit prior art citations in good faith and with the intention of ensuring the validity and strength of their patent.