What types of documents can be submitted as prior art in patent reexamination?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2204 - Time For Filing Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure