What types of submissions are allowed under 37 CFR 1.501(a)?

37 CFR 1.501(a) allows for two types of submissions:

1. Prior art submissions: These include patents and printed publications that the submitter believes are pertinent and applicable to the patent, and may have a bearing on the patentability of any claims.
2. Patent owner statements: These are statements made by the patent owner in federal court proceedings or before the USPTO, in which the patent owner took a position on the scope of any patent claim.

The MPEP 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 directed to prior art consisting of patent and printed publications which that person states to be pertinent and applicable to the patent and believes to have a bearing on the patentability of any claim(s) of the patent or statements of the patent owner filed by the patent owner in a proceeding before a federal court or the Office in which the patent owner took a position on the scope of any claim of the patent.

These submissions are intended to provide relevant information that may affect the patent’s validity or interpretation of its claims.

To learn more:

• prior art
• patent owner statements
• claim scope
• patent submissions