What documents must be submitted with an ex parte reexamination request?
When filing an ex parte reexamination request, the following documents must be submitted:
- A copy of each patent or printed publication relied on or referred to in the request
- English language translations of any non-English documents, including all necessary and pertinent parts
As stated in MPEP 2218: “It is required that a copy of each patent or printed publication relied on or referred to in the request filed under 35 U.S.C. 302, be filed with the request (37 CFR 1.510(b)(3)).”
However, there is a waiver for U.S. patents and U.S. patent application publications: “The requirement for the submission of a copy of every patent or printed publication relied upon or referred to in the request, pursuant to 37 CFR 1.510(b)(3), is waived to the extent that copies of U.S. patents and U.S. patent application publications which are relied upon or referred to in the request are not required to be submitted with the request, unless specifically required by the Office.”
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