What are the limitations on content in a 37 CFR 1.501 submission?
A 37 CFR 1.501 submission has specific limitations on its content, as outlined in MPEP 2205. The submission is restricted to:
- Patents
- Printed publications
- Patent owner written claim scope statements
- Additional information and explanations of pertinency and applicability
The MPEP states: “The submission cannot include any issue which is not directed to patents, printed publications or written claim scope statements and additional information.“
Specifically, a submission cannot include:
- Statements about claims violating 35 U.S.C. 112
- Statements about public use of the claimed invention
- Statements about the conduct of the patent owner
- Arguments or discussions of references previously treated in the prosecution of the application or in a reexamination proceeding
If a submission contains any issues not directed to the allowed content, it should not be entered into the patent file and may be returned, discarded, or closed as described in MPEP § 2206.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2205 - Content Of Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure