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…

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What 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…

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Can 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…

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What 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…

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