Why is a complete history of the patent required for reexamination?
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.
A complete history of the patent is required for reexamination to ensure that the USPTO has all relevant information to make an informed decision. The MPEP 2219 states: “A copy of any disclaimer, certificate of correction, or reexamination certificate issued for the patent must also be included, so that a complete history of the patent is before the Office for consideration.“
This requirement serves several purposes:
- Provides a comprehensive view of the patent’s legal status
- Ensures all modifications and corrections are taken into account
- Helps examiners understand the full context of the patent
- Prevents potential oversights or misunderstandings during reexamination
By having the complete history, the USPTO can conduct a thorough and accurate reexamination of the patent, considering all relevant factors and changes that have occurred since its initial issuance.