MPEP 2200/2600 - Go together here for the benefit of both brevity and clarity.

MPEP 2200 - Citation of Prior Art and Ex Parte Reexamination of Patents

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 in a few questions.

MPEP 2600 - Optional Inter Partes Reexamination

Chapter 2600 is a brand new chapter. It was just added to the MPEP in the 8th edition, revision 2. There may be a question or two on the exam pertaining to this material.

Reexamination:

Rules governing the citation of prior art:
1. prior art in the form of patents or printed publications may be cited to the Office for placement in patent files
2. the purpose of 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
3. any member of public or patent owner may cite prior art anonymously, and may do so at any time during the enforceability of the patent

Reexamination:
1. A bankruptcy will not stay a reexamination
2. A final decision by a U.S. District court finding a patent to be valid will have no binding effect during a reexamination since the PTO may still find the claims of the patent to be invalid
3. A substantial new question of patentability cannot be based upon prior art expressly relied upon or discussed by the examiner during the prosecution

There are several rules for establishing a new question of patentability in order to obtain a reexamination, these include that:
1. it must be based on prior patents and publications
2. the prior art patent must be applied directly to claims under 35 U.S.C. 103 and or an application portion of 35 U.S.C. 102 or relate to the application of other prior art patents or printed publications to claims on such grounds
3. the name and address of party served must be indicated if the request is by a person other than the patent owner
a. communications from the PTO to the patent owner will be directed to the first named, most recent attorney or agent of record in the patent file at the current address on the Office's register, or to the patent owner's address if no attorney or agent is of record
4. an admission per se may not be the basis for establishing a substantial new question of patentability
5. a prior art patent cannot be properly applied as a ground for reexamination if it is merely used as evidence of an alleged prior publication use or sale
6. a request for a reexamination may not sent by facsimile transmission

Appeals in reexaminations:
1. a patent owner that is dissatisfied with the rejection of his or her claims may appeal to the Board for review of the rejection by filing a Notice of Appeal within the required time
2. the period for filing the Notice of Appeal is the period set for a response in the last Office action which is normally 2 months

Litigation proceeding:
1. the final decision by a U.S. District Court finding a patent to be valid will have no binding effect
2. during a reexamination since the PTO may still find the claims of the patent to be invalid
3. the PTO may discover new art and find the claims unpatentable as that art would raise a substantial new question

After the reexamination proceeding is terminated and the certification has been waived, any member of the public may obtain a copy of the certificate by ordering a copy of the patent