What happens if a submission of prior art or Section 301 written statements lacks proper proof of service?
If a person other than the patent owner submits prior art or Section 301 written statements without proper proof of service, the submission will not be entered into the patent file. The MPEP clearly states:
“A submission by a person other than the patent owner that fails to include proper proof of service as required by 37 CFR 1.248(b) will not be entered into the patent file.”
This emphasizes the importance of providing proper proof of service when submitting prior art or Section 301 written statements. Failure to do so will result in the submission being rejected and not becoming part of the official patent record.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2208 - Service Of Prior Art Or Section 301 Written Statements On Patent Owner,
Patent Law,
Patent Procedure