When can a third party submit prior art or written statements in a 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 , a third party can submit prior art or written statements under 35 U.S.C. 301 at any time during the period of enforceability of a patent. The MPEP 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.” This means that submissions can be made even after the patent has expired, as long as it’s within the enforceability period. However, it’s important to note that the submission itself does not affect the enforceability of the patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Submissions During Patent Enforceability Period MPEP 2204 Permitted Third Party Can Request Ex Parte Reexamination With Prior Art MPEP 2003.01 Permitted Period of Enforceability for Patent Infringement Actions MPEP 2204 Submissions After Reexamination Order MPEP 2204 Required Submissions Allowed After Statute If Litigation Instituted MPEP 2204 Permitted Certification for Ex Parte Reexamination MPEP 2210 Certification for Ex Parte Reexamination MPEP 2214 Request Should Be Complete for Ex Parte Reexamination MPEP 2214 Recommended Refund for Denied Ex Parte Reexamination Request MPEP 2215 Requirement for Applying Prior Art in Third Party Reexamination Request MPEP 2217 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? What types of documents c...