What is the purpose of the statement applying prior art in an inter partes reexamination request?
The purpose of the statement applying prior art in an inter partes reexamination request is to explain how the cited prior art is applicable to the claims of the patent for which reexamination is requested. According to MPEP 2617:
“The request must include a statement applying the cited prior art (the patents and printed publications) to every claim for which reexamination is requested.”
This statement helps the USPTO examiner understand the requester’s perspective on why the cited prior art is relevant and potentially invalidates the patent claims.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2617 - Statement In The Request Applying Prior Art,
Patent Law,
Patent Procedure