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.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2625 - Untimely Paper Filed Prior To First Office Action, Patent Law, Patent Procedure
Tags: inter partes reexamination, patent procedure, prior art citations, Uspto Regulations