How are prior art citations processed during inter partes reexamination?
The processing of prior art citations during inter partes reexamination is governed by 37 CFR 1.902. The regulation states:
“Citations by the patent owner in accordance with § 1.933 and by an inter partes reexamination third party requester under § 1.915 or § 1.948 will be entered in the inter partes reexamination file.”
However, the processing of other citations is handled differently:
- Citations submitted after the reexamination order by persons other than the patent owner or the third party requester will have their entry delayed.
- These delayed citations will be entered after the inter partes reexamination proceeding has concluded with the issuance and publication of a reexamination certificate.
It’s important to note that this regulation ensures that relevant prior art is considered during the reexamination while preventing potential interference from external parties during the ongoing proceeding.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2625 - Untimely Paper Filed Prior To First Office Action,
Patent Law,
Patent Procedure