MPEP § 2208 — Service of Prior Art or Section 301 Written Statements on Patent Owner (Annotated Rules)
§2208 Service of Prior Art or Section 301 Written Statements on Patent Owner
This page consolidates and annotates all enforceable requirements under MPEP § 2208, 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.
Service of Prior Art or Section 301 Written Statements on Patent Owner
This section addresses Service of Prior Art or Section 301 Written Statements on Patent Owner. Primary authority: 35 U.S.C. 301, 37 CFR 1.33(c), and 37 CFR 1.248(b). Contains: 1 requirement and 1 guidance statement.
Key Rules
Copies and Certified Documents
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 so that the patent owner is kept fully informed as to the content of the patent file wrapper/file history. See MPEP § 2206 for handling of prior art citations and written statements under 35 U.S.C. 301.
Correspondence Address Requirements
The service to the patent owner should be addressed to the correspondence address as set forth in 37 CFR 1.33(c). See MPEP § 2222 as to the correspondence address.
Citations
| Primary topic | Citation |
|---|---|
| Copies and Certified Documents | 35 U.S.C. § 301 |
| – | 37 CFR § 1.248(b) |
| Correspondence Address Requirements | 37 CFR § 1.33(c) |
| Copies and Certified Documents | MPEP § 2206 |
| Correspondence Address Requirements | MPEP § 2222 |
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.
Official MPEP § 2208 — Service of Prior Art or Section 301 Written Statements on Patent Owner
Source: USPTO2208 Service of Prior Art or Section 301 Written Statements on Patent Owner [R-08.2017]
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 so that the patent owner is kept fully informed as to the content of the patent file wrapper/file history. See MPEP § 2206 for handling of prior art citations and written statements under 35 U.S.C. 301.
The service to the patent owner should be addressed to the correspondence address as set forth in 37 CFR 1.33(c). See MPEP § 2222 as to the correspondence address.
A submission by a person other than the patent owner that fails to include proper proof of service as required by 37 CFR 1.248(b) will not be entered into the patent file.