Chapter 2200: Citation of Prior Art and Ex Parte Reexamination of Patents
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Summary:This chapter serves as a guide regarding the processing and filing of prior art citations and reexamination requests. The purpose for citing prior art in patent files is to inform the patent owner and the public in general that such patents or printed publications are in existence and should be considered when evaluating the validity of the patent claims in question.
You may expect several detailed questions concerning the material in this section. Details such as extensions of time, and time allowed for a response should be fully understood. Be sure to remember that only patents and printed publications are allowed in reexamination proceedings. Also recognize that any person may cite prior art. The exam will work these points into a few questions.
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Mindmap:
- Click on image to see full-size view or download the mindmap PDF.
- Download the PDF outline.
Objectives- Become familiar with the limitations of citing prior art for reexamination proceedings.
- Know who may file a request for reexamination.
- Know how much time is allowed for a response to a reexamination.
- Know the following laws and rules:
37 C.F.R. 1.303 |
Civil action under 35 U.S.C. 145, 146, 306. |
37 C.F.R. 1.501 |
Citation of prior art in patent files. |
37 C.F.R. 1.510 |
Request for ex parte reexamination. |
37 C.F.R. 1.550 |
Conduct of ex parte reexamination proceedings. |
37 C.F.R. 1.552 |
Scope of reexamination in ex parte reexamination proceedings. |
37 C.F.R. 1.560 |
Interviews in ex parte reexamination proceedings. |
37 C.F.R. 1.565 |
Concurrent office proceedings which include an ex parte reexamination proceeding. |
35 U.S.C. 301 |
Citation of prior art. |
35 U.S.C. 302 |
Request for reexamination. |
Key Terms
