What are the requirements for a proper 37 CFR 1.501 submission?
A proper submission under 37 CFR 1.501 must meet specific requirements. According to the MPEP, a proper submission: Is limited to patents, printed publications, and/or patent owner written claim scope statements and additional information Includes the requisite citation description and information Includes proof of service on the patent owner (if submitted after an order for…
Read MoreCan patent owners make submissions under 37 CFR 1.501?
Yes, patent owners can make submissions under 37 CFR 1.501. The MPEP provides guidance on how these submissions are handled: If a proper submission is filed by the patent owner before an order for reexamination, it should be entered into the file. If a proper submission is filed by the patent owner after an order…
Read MoreHow can I submit prior art or written statements under 37 CFR 1.501?
Prior art patents, printed publications, and/or written statements under 37 CFR 1.501 can be submitted to the USPTO via: Mail Hand-delivery The Office’s Electronic Filing System (EFS, currently EFS-Web) The MPEP states, “Both registered and unregistered eFilers may make a submission for a patent under 37 CFR 1.501 via EFS.” However, it’s important to note…
Read MoreWhat happens if a 37 CFR 1.501 submission is improper?
If a submission under 37 CFR 1.501 is deemed improper, it will not be entered into the patent file. The MPEP states: “If the 37 CFR 1.501 submission is not proper because it is not limited to patents, printed publications, and/or patent owner written claim scope statements and additional information or it fails to include…
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 happens to 37 CFR 1.501 submissions after an order for reexamination?
When a proper submission under 37 CFR 1.501 is filed after an order for reexamination, it is not immediately entered into the patent file. The MPEP states: “If a proper submission is filed after the date of an order for reexamination, the submission will be stored until the reexamination is concluded.“ After the reexamination proceeding…
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