Can I submit prior art to the USPTO anonymously?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Yes, you can submit prior art to the USPTO anonymously. MPEP 2203 explicitly states:

If a person citing prior art or written statements desires his or her identity to be kept confidential, such a person need not identify himself or herself.

However, there are some important considerations:

  • If you’re submitting anonymously, you should not identify yourself anywhere in the papers.
  • Confidential submissions must include proper proof of service as required by 37 CFR 1.248(b) showing that the patent owner has been sent a copy of the submission.
  • For reexamination requesters, there are additional certification requirements under 37 CFR 1.510(b)(6) that may affect anonymity.
Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2203 - Persons Who May Cite Prior Art Or Written Statements Patent Law Patent Procedure
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