Who can submit prior art or patent owner statements under 37 CFR 1.501(a)?

According to 37 CFR 1.501(a), any person can submit prior art or patent owner statements during the enforceability period of a patent. The MPEP clearly states: 37 CFR 1.501(a) permits any person at any time during the period of enforceability of a patent to file a written submission.

This broad allowance includes, but is not limited to:

  • Inventors
  • Patent attorneys or agents
  • Competitors
  • Researchers
  • Members of the public

The inclusive nature of this provision encourages the submission of relevant information from diverse sources, potentially enhancing the quality and validity of granted patents.

To learn more:

Topics: MPEP 1900 - Protest, MPEP 1920 - Citation Of Prior Art Under 37 Cfr 1.501(A), Patent Law, Patent Procedure
Tags: Patent Challenges, Patent Owner Statements, Prior Art Submission