What documents are considered prior to examination in ex parte reexamination?
According to MPEP 2252, only specific documents are considered prior to examination in ex parte reexamination. The MPEP states: “No submissions other than the statement pursuant to § 1.530 and the reply by the ex parte reexamination requester pursuant to § 1.535 will be considered prior to examination.” This means that only the patent owner’s statement and the requester’s reply are considered before the examination begins.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2252 - Consideration Of Statement And Reply,
Patent Law,
Patent Procedure