37 CFR 1.502 — Processing of prior art citations during an ex parte reexamination proceeding
Ninth Edition, Revision 01.2024
Citations by the patent owner under § 1.555 and by an ex parte reexamination requester under either § 1.510 or § 1.535 will be entered in the reexamination file during a reexamination proceeding. The entry in the patent file of citations submitted after the date of an order to reexamine pursuant to § 1.525 by persons other than the patent owner, or an ex parte reexamination requester under either § 1.510 or § 1.535 , will be delayed until the reexamination proceeding has been concluded by the issuance and publication of a reexamination certificate. See § 1.902 for processing of prior art citations in patent and reexamination files during an inter partes reexamination proceeding filed under § 1.913 .
[Added 65 FR 76756, Dec. 7, 2000, effective Feb. 5, 2001; revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007]
Cited authority
- 37 CFR 1.555 Information material to patentability in ex parte reexamination and inter partes reexamination proceedings
- 37 CFR 1.510 Request for ex parte reexamination
- 37 CFR 1.535 Reply by third party requester in ex parte reexamination
- 37 CFR 1.525 Order for ex parte reexamination
- 37 CFR 1.902 Processing of prior art citations during an inter partes reexamination proceeding
- 37 CFR 1.913 Persons eligible to file, and time for filing, a request for inter partes reexamination
Cited by
- 2202 Citation of Prior Art and Written Statements
- 2206 Submission and Handling of Prior Art or Section 301 Written Statements
- 2246 Decision Ordering Reexamination under 35 U.S.C. 304
- 37 CFR 1.501 Citation of prior art and written statements in patent files
- 37 CFR 1.902 Processing of prior art citations during an inter partes reexamination proceeding