Patent Law FAQ

Yes, the public can submit explanations along with prior art citations for patents. These submissions are known as “Section 301 Written Statements” and are governed by specific rules:

• The explanation must be limited to the relevance of the cited prior art
• It cannot propose or suggest rejections of any claim based on the cited prior art
• The explanation cannot discuss the claims or make comparisons to the prior art

The MPEP 2206 states: “If an explanation is to accompany the citation, it must be limited to the pertinency and manner of applying cited prior art to at least one claim of the patent. This may be done, for example, by clearly pointing out how the cited prior art provides the structure or function recited in the claim language.”

These guidelines ensure that the submissions provide valuable context for the cited prior art without crossing into unauthorized claim analysis or rejection proposals.

To learn more:

• prior art citations
• Section 301 Written Statements
• patent explanations
• public submissions