What sources of prior art are considered during patent reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 3 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 3 rules Collapse Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2657 Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2657 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Other Related FAQs 5 FAQs Collapse How is the list of cited prior art documents made available after reexamination? How does an examiner list prior art during reexamination proceedings? What forms are used to list prior art in patent reexamination proceedings? What happens if new prior art is discovered during inter partes reexamination? How should prior art be cited in an inter partes reexamination request?