Who can submit prior art during a pending reexamination proceeding?
While there are general limitations on prior art submissions during reexamination proceedings, certain parties are allowed to submit prior art. According to MPEP 2204, the following exceptions apply:
“[S]ubmissions filed after the date of any order to reexamine will not be entered into the patent file until the pending reexamination proceeding has been concluded (37 CFR 1.501(c)), unless the submissions are submitted (A) by the patent owner, (B) by an ex parte reexamination requester who also submits the appropriate fee and other documents required under 37 CFR 1.510, (C) in an ex parte third party requester’s reply under 37 CFR 1.535, or (D) as an enterable submission pursuant to 37 CFR 1.948 in an inter partes reexamination proceeding.”
These exceptions allow for relevant parties to submit prior art under specific circumstances, balancing the need for new information with the protection of the patent owner from potential harassment.
To learn more: