What types of submissions require service on the patent owner?
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.
According to the MPEP, the following types of submissions by persons other than the patent owner require service on the patent owner:
- Prior art patents
- Printed publications
- Section 301 written statements
- Additional information in a patent file
The MPEP specifically states:
“A copy of any submission of prior art patents, printed publications, and/or section 301 written statements and additional information in a patent file by a person other than the patent owner must be served on the patent owner…”
This requirement ensures that the patent owner is fully informed about all relevant submissions to their patent file, regardless of who submits them.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2208 - Service Of Prior Art Or Section 301 Written Statements On Patent Owner
Patent Law
Patent Procedure