Who can submit prior art or written statements to the USPTO for a patent?
According to MPEP 2203, any person can submit prior art or written statements to the USPTO for a patent. The MPEP states: “Any person” may be a corporate or governmental entity as well as an individual. “Any person” includes patentees, licensees, reexamination requesters, real parties in interest to the patent owner or requester, persons without…
Read MoreHow does the USPTO handle submissions of copending reexamination proceedings and applications?
The USPTO has specific guidelines for handling submissions related to copending reexamination proceedings and applications. According to the MPEP: “It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding…
Read MoreWhat types of prior art can be submitted to the USPTO under 35 U.S.C. 301?
According to MPEP 2203, the types of prior art that can be submitted to the USPTO under 35 U.S.C. 301 include: Prior art patents Printed publications Written statements Additional information The MPEP states: The patent owner, or any member of the public, may submit prior art patents or printed publications and/or written statements and additional…
Read MoreWhat documents must be included with a supplemental examination request?
According to MPEP 2811, the following documents must be included with a supplemental examination request: A copy of the patent for which supplemental examination is requested, including the specification and claims in double column format A copy of any disclaimer or certificate issued for the patent Copies of each item of information listed in the…
Read MoreHow are properly filed submissions under 37 CFR 1.565(a) handled in ex parte reexamination?
When a submission is properly filed under 37 CFR 1.565(a) in an ex parte reexamination proceeding, the USPTO has a specific process for handling it. According to the MPEP: “Any proper submission pursuant to 37 CFR 1.565(a) will be promptly entered into the record of the reexamination file, and will be considered by the examiner…
Read MoreWhat happens if a submission in an ex parte reexamination is not limited to bare notice of prior or concurrent proceedings?
The USPTO has strict guidelines for submissions in ex parte reexamination proceedings. If a submission goes beyond providing bare notice of prior or concurrent proceedings, it may be rejected. The MPEP states: “Where a submission is not limited to bare notice of the prior or concurrent proceedings (in which a patent undergoing reexamination is or…
Read MoreWhere should submissions for changing power of attorney or correspondence address be sent after a supplemental examination request?
After a request for supplemental examination has been filed, or after any ex parte reexamination resulting from the supplemental examination has been ordered, submissions to change the power of attorney or correspondence address should be addressed as specified in MPEP § 2806. The MPEP states: “After a request for supplemental examination has been filed, and/or…
Read MoreHow can I electronically file patent applications and other documents with the USPTO?
The USPTO offers a secure electronic filing system for patent applications and related documents. Key points about electronic filing include: The USPTO patent electronic filing system allows secure submission of documents via the Internet. Applicants can use the Electronic Filing System-Web (EFS-Web) to file patent applications and other documents. The system is governed by the…
Read MoreCan trade secrets be protected when submitting information to the USPTO?
While the USPTO generally assumes that submitted materials will become part of the public record, there are some situations where trade secrets can be partially protected. According to MPEP 724: In some circumstances, it may be possible to submit the information in such a manner that legitimate trade secrets, etc., will not be disclosed, e.g.,…
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