What types of documents can be submitted as prior art in patent reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 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. According to MPEP 2204 , the types of documents that can be submitted as prior art in patent reexamination are limited to patents and printed publications. The MPEP specifically states: “Prior art in the form of patents or printed publications may be cited to the Office for placement into the patent file at any time during the period of enforceability of a patent by any person.” It’s important to note that other forms of prior art, such as public use or sale, are not eligible for submission under this provision. Only patents and printed publications can be submitted as prior art for reexamination purposes. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Period of Enforceability for Patent Infringement Actions MPEP 2204 Submissions After Reexamination Order MPEP 2204 Required Submissions During Patent Enforceability Period MPEP 2204 Permitted Reply by Ex Parte Reexamination Requester Not Considered Before Examination MPEP 2214 Submissions Allowed After Statute If Litigation Instituted MPEP 2204 Permitted Third Party Can Request Ex Parte Reexamination With Prior Art MPEP 2003.01 Permitted Certification for Ex Parte Reexamination MPEP 2210 Certification for Ex Parte Reexamination MPEP 2214 All Cited Prior Art Must Be Applied to Claims MPEP 2214 Required Request Should Be Complete for Ex Parte Reexamination MPEP 2214 Recommended Other Related FAQs 5 FAQs Collapse How does the period of enforceability affect prior art submissions in patent reexamination? How long is the period of enforceability for a patent? Can prior art be submitted during a reexamination proceeding? What is the purpose of limiting prior art submissions during reexamination? When can a third party ...