What are the mandatory elements of a request for inter partes reexamination?
According to MPEP 2614, a request for inter partes reexamination must include the following mandatory elements:
- A statement pointing out each substantial new question of patentability based on prior patents and printed publications
- An identification of every claim for which reexamination is requested
- A detailed explanation of the pertinence and manner of applying the cited prior art to every claim for which reexamination is requested
- A copy of every patent or printed publication relied upon or referred to in the request
- An English language translation of all necessary and pertinent non-English language patents or printed publications
- A copy of the entire patent for which reexamination is requested
- A certification by the third party requester that the statutory estoppel provisions of 35 U.S.C. 317 and 35 U.S.C. 315(e) do not prohibit the requester from filing the request for reexamination
- A certification that the statutory estoppel provisions of 35 U.S.C. 315(e)(1) do not prohibit the third party requester from filing the request for reexamination
These elements are essential for the USPTO to consider the request complete and proceed with the reexamination process.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2614 - Content Of Request For Inter Partes Reexamination,
Patent Law,
Patent Procedure