What happens if a submission of prior art or Section 301 written statements lacks proper proof of service?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Proper Proof of Service Needed for Submissions MPEP 2208 Required Service to Patent Owner Must Use Correspondence Address MPEP 2208 Recommended Copies of Submissions Must Be Served on Patent Owner MPEP 2208 Required Papers Entered in File Wrapper Must Be Returned MPEP 1003 Request for Early Publication of Patent Application MPEP 101 Permitted Director’s Decision on Patent Application Release Final and Unreviewable MPEP 101 Required Employee Must Maintain Confidentiality of Patent Application Documents MPEP 101 Verification of Patent Practitioner Registration MPEP 101 Recommended Patent Application Confidentiality Requirement MPEP 101 Required Patent Application Publication Timing and Conditions MPEP 101 Required Other Related FAQs 5 FAQs Collapse Where should the service of prior art or Section 301 written statements be addressed? Why is it important to serve prior art and Section 301 written statements on the patent owner? What is the requirement for serving prior art or Section 301 written statements...