What happens to citations submitted after a reexamination request is filed?
When citations are submitted after a reexamination request has been filed, they are handled as follows:
- The citations are placed in the reexamination file
- They are considered by the examiner during the reexamination proceeding
- The citations are not given a control number
- They are not listed as a separate citation entry in the patent’s Image File Wrapper (IFW)
According to MPEP 2206: “If reexamination has already been ordered, any subsequently filed citation will be placed in the reexamination file and be considered by the examiner during the reexamination. Such citation will not be given a control number and will not be made of record in the patent file apart from the reexamination file.”
This process ensures that all relevant prior art is considered during the reexamination while maintaining the integrity of the original patent file.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2206 - Submission And Handling Of Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure