How are citations processed during an ex parte reexamination proceeding?

During an ex parte reexamination proceeding, the processing of citations is governed by 37 CFR 1.502, as referenced in MPEP 2202. The key points are:

• Citations by the patent owner under 37 CFR 1.555 and by an ex parte reexamination requester under 37 CFR 1.510 or 1.535 are entered into the reexamination file during the proceeding.
• Citations submitted after the order for reexamination by persons other than the patent owner or the ex parte reexamination requester are delayed until the conclusion of the reexamination proceeding.

The regulation states: “The entry in the patent file of citations submitted after the date of an order to reexamine pursuant to § 1.525 by persons other than the patent owner, or an ex parte reexamination requester under either § 1.510 or § 1.535, will be delayed until the reexamination proceeding has been concluded by the issuance and publication of a reexamination certificate.“

To learn more:

• Ex Parte Reexamination
• Citation Processing
• Patent Proceedings