This page consolidates MPEP guidance interpreting 37 CFR § 1.948, including 6 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

This section outlines the timing and conditions for submitting prior art by third parties, emphasizing that submissions must be made within the patent's enforceability period as defined by 35 U.S.C. 301 and 37 CFR 1.501(a).

What this section covers

• Defines the timing and conditions for submitting prior art by a third party.
• Identifies the core topic of the enforceability period during which submissions can be made.

Key obligations

• Practitioners must ensure submissions are made within the patent's enforceability period.
• No specific additional elements or conditions beyond timing are required for submission.

Practice notes

• Advise practitioners to check the patent's issue date and expiration to determine the enforceability period.
• Warn against submitting prior art outside the enforceability period as it may not be accepted or considered valid.

Related Provisions

• 37 CFR § 1.510
• 35 U.S.C. § 301
• 37 CFR § 1.501
• 37 CFR § 1.535
• 35 U.S.C. § 286

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