How should prior art patents and printed publications be cited in an inter partes reexamination request?
When citing prior art patents and printed publications in an inter partes reexamination request, follow these guidelines from MPEP 2614:
- Provide a detailed explanation of the pertinency and manner of applying the cited prior art to every claim for which reexamination is requested.
- Include copies of all cited patents or printed publications, except those already of record in the patent file.
- For non-English language documents, submit both the original document and a translation if available.
The MPEP states: “A copy of every patent or printed publication relied upon or referred to in the request must be submitted with the request, unless the patent or printed publication was previously submitted in the file of the patent for which reexamination is requested.” This ensures that the examiner has immediate access to all relevant prior art documents.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2614 - Content Of Request For Inter Partes Reexamination,
Patent Law,
Patent Procedure