What can be cited to the USPTO for placement into patent files?
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 MPEP 2202, two types of information can be cited to the USPTO for placement into patent files:
- Prior art in the form of patents or printed publications
- Written statements made by the patent owner concerning the scope of the claims
The MPEP states: “Prior art in the form of patents or printed publications may be cited to the Office for placement into the patent files. Written statements made by the patent owner concerning the scope of the claims can also be cited to the Office for placement into the patent files.“
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2202 - Citation Of Prior Art And Written Statements
Patent Law
Patent Procedure