This page consolidates MPEP guidance interpreting 37 CFR § 1.501, including 150 rules 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.

Summary

37 CFR 1.501 provides a mechanism for third parties to submit relevant publications to patent application records, requiring written explanations of the prior art's pertinence and potential relevance.

What this section covers

• Outlines the process for submitting prior art publications during patent application examination.
• Defines the acceptable scope of publications for third-party submissions in patent examination.

Key obligations

• Require detailed written explanations that demonstrate the pertinence and application of submitted prior art.
• Limit third-party submissions strictly to publications with potential relevance to the patent application.
• Ensure all third-party submissions adhere to specific procedural requirements established by USPTO regulations.

Conditions and exceptions

• Establish specific timing and procedural constraints for submitting third-party prior art.

Practice notes

• Provide substantive, clear explanations when citing prior art to enhance the likelihood of consideration.
• Thoroughly understand the specific limitations and requirements governing third-party prior art submissions.

Related Provisions

• 35 U.S.C. § 301
• 37 CFR § 1.510
• 37 CFR § 1.515
• 35 U.S.C. § 303
• 37 CFR § 1.98

Based on MPEP Last Modified: 10/30/2024 08:50:22