How are prior art citations handled when submitted after an order for inter partes reexamination?

The handling of prior art citations submitted after an order for inter partes reexamination depends on who submits them. According to MPEP 2602:

1. Patent owner citations: “A patent owner citation will normally be considered if it is submitted in time to do so before the reexamination certificate issues.”
2. Third party requester citations: “A third party requester citation will be considered if it is submitted as part of a third party requester comments submission under 37 CFR 1.947 or 1.951(b) (made as required by 37 CFR 1.948), or in a properly filed request for reexamination under 37 CFR 1.915 or 1.510 (whose art is subject to consideration in the ongoing inter partes reexamination being examined).”
3. Other citations: “Any other prior art citation satisfying 37 CFR 1.501 which is submitted after an order to reexamine will be retained (stored) until the reexamination is concluded by the issuance and publication of a reexamination certificate, after which it will be placed in the file of the patent.”

This approach ensures that relevant prior art is considered during the reexamination while maintaining the integrity and efficiency of the process.

To learn more:

• prior art citations
• inter partes reexamination
• post-order submissions
• USPTO procedure