What are the requirements for submitting foreign patents and publications in reexamination?
When submitting foreign patents and publications in a reexamination proceeding, there are specific requirements that must be met. According to MPEP 2656:
“37 CFR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed, other than U.S. patents and U.S. patent application publications unless required by the Office;”
This means that for foreign patents and non-U.S. publications, the submitting party must provide:
- A legible copy of each foreign patent
- A legible copy of each publication or at least the portion that is relevant to the reexamination
It’s important to note that U.S. patents and U.S. patent application publications generally do not need to be submitted unless specifically required by the Office. Ensuring compliance with these requirements helps facilitate efficient examination and consideration of the submitted prior art.
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