What is the scope of prior art considered in ex parte reexamination?
What is the scope of prior art considered in ex parte reexamination?
In ex parte reexamination, the scope of prior art considered is broader than in the original examination. According to MPEP 2258:
“The consideration of prior art in ex parte reexamination is, however, limited to prior patents or printed publications applied under the appropriate parts of 35 U.S.C. 102 and 103.”
This means that examiners can consider:
- Prior art patents
- Printed publications
- New combinations of previously considered references
However, other forms of prior art, such as public use or sale, are not within the scope of reexamination.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2258 - Scope Of Ex Parte Reexamination,
Patent Law,
Patent Procedure