What additional requirements apply to submissions that include section 301 written statements?
Submissions that include section 301 written statements have specific additional requirements, as outlined in MPEP 2205 and 37 CFR 1.501(a)(3): Identification of the forum and proceeding in which the patent owner filed each statement Identification of the specific papers and portions of the papers that contain the statement Explanation of how each submitted statement is…
Read MoreCan affidavits or declarations accompany a 37 CFR 1.501 submission?
Yes, affidavits or declarations can accompany a 37 CFR 1.501 submission. According to MPEP 2205: “Affidavits or declarations or other written evidence relating to the submitted documents may accompany the 37 CFR 1.501 submission to explain the contents or pertinent dates in more detail.“ Examples of acceptable accompanying documents include: A commercial success affidavit tied…
Read MoreWhat are the limitations on content in a 37 CFR 1.501 submission?
A 37 CFR 1.501 submission has specific limitations on its content, as outlined in MPEP 2205. The submission is restricted to: Patents Printed publications Patent owner written claim scope statements Additional information and explanations of pertinency and applicability The MPEP states: “The submission cannot include any issue which is not directed to patents, printed publications…
Read MoreIs there a fee required for submissions under 37 CFR 1.501?
No, there is no fee required for submissions under 37 CFR 1.501. According to MPEP 2205: “No fee is required for the submission under 37 CFR 1.501.“ This means that anyone wishing to submit prior art or patent owner written statements under this rule can do so without incurring any official fees. This policy encourages…
Read MoreWhat types of information can be submitted under 35 U.S.C. 301?
According to MPEP 2205, information that can be submitted under 35 U.S.C. 301 is limited to: Prior art consisting of patents or printed publications Written statements of the patent owner filed in a proceeding before a federal court or the Office by the patent owner in which the patent owner took a position on the…
Read MoreWhat must be included in a submission under 35 U.S.C. 301?
A submission under 35 U.S.C. 301 must include several components, as outlined in MPEP 2205: An explanation of how the person submitting considers the prior art or written statement to be pertinent and applicable to the patent A broad statement of the pertinence and manner of applying the prior art or written statement to the…
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