What sources of prior art are considered during patent reexamination?
During patent reexamination, examiners consider prior art from various sources. MPEP 2657 outlines these sources:
- Prior art of record in the patent file due to submissions under 37 CFR 1.501 received before the reexamination order
- Prior art of record from earlier examination proceedings
- Prior art discovered by the examiner during a prior art search
- Prior art submitted pursuant to 37 CFR 1.948
This comprehensive approach ensures that all relevant prior art is considered during the reexamination process.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2657 - Listing Of Prior Art,
Patent Law,
Patent Procedure