What is the requirement for listing prior art in a reexamination request?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The reexamination request must provide a listing of the patents and printed publications discussed in the request, as specified in 37 CFR 1.98. This requirement is explained in MPEP § 2614.
As stated in MPEP 2657: “The reexamination request must provide a listing of the patents and printed publications (discussed in the request) as provided for in 37 CFR 1.98.”
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2657 - Listing Of Prior Art
Patent Law
Patent Procedure