How does 35 U.S.C. 312(a) affect the determination in inter partes reexamination?
35 U.S.C. 312(a) provides flexibility in the determination process for inter partes reexamination. According to MPEP 2644:
“35 U.S.C. 312(a) provides that the determination on a request will be made ‘with or without consideration of other patents or printed publications,’ i.e., other than those relied upon in the request.”
This means that the examiner has the discretion to consider or not consider additional prior art beyond what was cited in the reexamination request. This provision allows for a more comprehensive evaluation of patentability when necessary, while also permitting efficiency when the cited art is sufficient for the determination.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2644 - Prior Art On Which The Determination Is Based,
Patent Law,
Patent Procedure