Can new prior art be submitted during the reexamination process under 35 U.S.C. 302?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. The submission of new prior art during the reexamination process under 35 U.S.C. 302 is subject to specific rules. According to MPEP 2244 : “ After reexamination is ordered based on the request, any later submitted patents and/or printed publications must be accompanied by a submission under 37 CFR 1.501(c) and may be utilized in the continuing prosecution of the reexamination.” This means: New prior art can be submitted after reexamination is ordered The submission must comply with 37 CFR 1.501(c) The new prior art may be considered in the ongoing reexamination process It’s important to note that while new prior art can be submitted, it should still be relevant to raising a substantial new question of patentability for the claims under reexamination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Substantial New Question of Patentability Required for Reexamination MPEP 2240 Requirement for Substantial New Question of Patentability in Ex Parte Reexamination Request MPEP 2216 Required Requirement for Substantial New Question of Patentability in Reexamination Request MPEP 2240 Requirement for Substantial New Question of Patentability in Reexamination MPEP 2240 Required Request Must Include Substantial New Question of Patentability MPEP 2216 New Question of Patentability Not Precluded by Previous Citations MPEP 2240 Director Must Determine Substantial New Question of Patentability Within Three Months MPEP 2240 Director Must Determine Substantial New Question of Patentability Within 3 Months MPEP 2240 Substantial New Question of Patentability Requires Ex Parte Reexamination MPEP 2246 Claim Basis for Substantial New Question of Patentability MPEP 2243 Other Related ...