MPEP § 1920 — Citation of Prior Art Under 37 CFR 1.501(a) (Annotated Rules)

This page consolidates and annotates all enforceable requirements under MPEP § 1920, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Citation of Prior Art Under 37 CFR 1.501(a)

This section addresses Citation of Prior Art Under 37 CFR 1.501(a). Primary authority: 35 U.S.C. 2208 and 37 CFR 1.501(a).

Key Rules

Definitions & Scope (1)

StatutoryInformativeAlways
[mpep-1920-32738ecc918d71bd31c5ab6d]
Person May Submit Prior Art Any Time During Patent Enforceability
Note:
Any person can file a written submission containing patent and printed publications that they believe are pertinent to the patent's claims at any time during the patent's enforceability period.

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. See MPEP § 2202§ 2208.

Citations

Primary topicCitation
35 U.S.C. § 2208
37 CFR § 1.501(a)
MPEP § 2202

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-17