What is the time limit for submitting prior art citations in a reexamination proceeding?
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.
According to MPEP 2602, there is no time limit for submitting prior art citations in a reexamination proceeding. The MPEP states:
“There is no time limit for submitting prior art citations in a reexamination proceeding.”
This means that patent owners and third parties can submit relevant prior art at any point during the reexamination process. However, it’s important to note that earlier submissions are generally more beneficial for the examination process.
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2602 - Citation Of Prior Art
Patent Law
Patent Procedure