How are admissions by the patent owner treated in ex parte reexamination?
Admissions by the patent owner can be used in combination with patents or printed publications in ex parte reexamination. The MPEP states:
“Admissions by the patent owner as to any matter affecting patentability may be utilized to determine the scope and content of the prior art in conjunction with patents and printed publications in a prior art rejection, whether such admissions result from patents or printed publications or from some other source.”
These admissions can be from the patent file, made during the reexamination proceeding, or from litigation. However, admissions alone cannot form the basis for a substantial new question of patentability.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2258 - Scope Of Ex Parte Reexamination,
Patent Law,
Patent Procedure