Who can submit prior art or written statements to the USPTO for a patent?
According to MPEP 2203, any person can submit prior art or written statements to the USPTO for a patent. The MPEP states: “Any person” may be a corporate or governmental entity as well as an individual. “Any person” includes patentees, licensees, reexamination requesters, real parties in interest to the patent owner or requester, persons without…
Read MoreWhat types of prior art can be submitted to the USPTO under 35 U.S.C. 301?
According to MPEP 2203, the types of prior art that can be submitted to the USPTO under 35 U.S.C. 301 include: Prior art patents Printed publications Written statements Additional information The MPEP states: The patent owner, or any member of the public, may submit prior art patents or printed publications and/or written statements and additional…
Read MoreCan I submit prior art to the USPTO anonymously?
Yes, you can submit prior art to the USPTO anonymously. MPEP 2203 explicitly states: If a person citing prior art or written statements desires his or her identity to be kept confidential, such a person need not identify himself or herself. However, there are some important considerations: If you’re submitting anonymously, you should not identify…
Read MoreCan patent examiners submit prior art under 35 U.S.C. 301?
No, patent examiners are not permitted to submit prior art under 35 U.S.C. 301 on their own initiative. MPEP 2203 clearly states: Patent examiners should not, at their own initiative, create a submission under 35 U.S.C. 301 and place it in a patent file or forward it for placement in the patent file. The MPEP…
Read MoreWhat is the proper service requirement for confidential submissions to the USPTO?
When making confidential submissions to the USPTO, it’s crucial to follow the proper service requirements. According to MPEP 2203: Confidential submissions should include proper proof of service as required by 37 CFR 1.248(b) that the patent owner has been sent a copy of the submission; otherwise the submission will not be entered into the patent…
Read MoreWhat are the requirements for a reexamination requester to remain anonymous?
For reexamination requesters who wish to remain anonymous, MPEP 2203 provides specific guidance: A real party in interest that wishes to remain anonymous when filing a request for reexamination under 37 CFR 1.510 can do so by utilizing the services of a registered practitioner. In such an instance, the registered practitioner submitting a request for…
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