How does 37 CFR 1.501(a) relate to other post-grant proceedings?
37 CFR 1.501(a) is related to, but distinct from, other post-grant proceedings in several ways: Timing: Submissions under 37 CFR 1.501(a) can be made at any time during the enforceability of the patent, unlike some other proceedings which have specific time limitations. Scope: It allows for submission of prior art and patent owner statements, but…
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…
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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