What types of submissions require service on the patent owner?

According to the MPEP, the following types of submissions by persons other than the patent owner require service on the patent owner: Prior art patents Printed publications Section 301 written statements Additional information in a patent file The MPEP specifically states: “A copy of any submission of prior art patents, printed publications, and/or section 301…

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What prior art can be used in determining a substantial new question of patentability?

The determination of a substantial new question of patentability or a reasonable likelihood that the requester will prevail can be based on any prior art patents or printed publications. As stated in MPEP 2644: “The determination of whether or not ‘a substantial new question of patentability’ or ‘a reasonable likelihood that the requester will prevail’…

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