How should prior art patents and printed publications be cited in an inter partes reexamination request?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.