How does the USPTO handle prior art submitted by applicants?
The USPTO has specific procedures for handling prior art submitted by applicants. According to MPEP 707.05(b), “Prior art submitted by applicant in the manner provided in MPEP § 609 will not be supplied with an Office action.”
This means that while the examiner will consider the submitted prior art during the examination process, they will not include copies of this art with their official communications (Office actions) to the applicant. The examiner is still obligated to conduct their own independent prior art search and may cite other relevant prior art they discover during this process.
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