Who can submit prior art or patent owner statements under 37 CFR 1.501(a)?
According to 37 CFR 1.501(a), any person can submit prior art or patent owner statements during the enforceability period of a patent. The MPEP clearly states: 37 CFR 1.501(a) permits any person at any time during the period of enforceability of a patent to file a written submission. This broad allowance includes, but is not…
Read MoreWhat types of submissions are allowed under 37 CFR 1.501(a)?
37 CFR 1.501(a) allows for two types of submissions: Prior art submissions: These include patents and printed publications that the submitter believes are pertinent and applicable to the patent, and may have a bearing on the patentability of any claims. Patent owner statements: These are statements made by the patent owner in federal court proceedings…
Read MoreHow are claim scope statements considered in the determination of a reexamination request?
Patent owner claim scope statements and accompanying information submitted under 37 CFR 1.501(a)(2) are not considered by the examiner when determining whether to order ex parte reexamination under 35 U.S.C. 304. The MPEP explains: “A patent owner claim scope statement and any accompanying information submitted pursuant to 37 CFR 1.501(a)(2) will not be considered by…
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…
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