How are citations in a reexamination proceeding made publicly available?
Citations in a reexamination proceeding are made publicly available through the following process:
- The citations are entered into the patent’s Image File Wrapper (IFW)
- They are classified in a separate area of the IFW
- This separate area is labeled “Citations by Third Parties under 37 CFR 1.501”
As stated in MPEP 2206: “The citations are placed in the patent’s Image File Wrapper (IFW) and entered in a separate area of the IFW labeled “Citations by Third Parties under 37 CFR 1.501.””
This classification ensures that the citations are easily accessible to the public and examiners reviewing the patent file.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2206 - Submission And Handling Of Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure