How can a third party submit prior art citations in a reexamination proceeding?
How can a third party submit prior art citations in a reexamination proceeding?
According to MPEP 2602, third parties can submit prior art citations in a reexamination proceeding using specific procedures:
- Third parties must submit citations in writing to the Office of Patent Legal Administration (OPLA).
- The submission must be limited to citations of patents and printed publications.
- A concise explanation of the relevance of each cited document should be included.
The MPEP states:
“Any person, including persons not party to the reexamination proceeding, may file citations of patents and printed publications for entry into the patent file.”
It’s important to note that while third parties can submit prior art, they cannot participate directly in the reexamination proceedings beyond this submission.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2602 - Citation Of Prior Art,
Patent Law,
Patent Procedure