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 MoreWhat is the purpose of submitting written statements in patent reexamination proceedings?
The purpose of submitting written statements in patent reexamination proceedings is to provide additional context or explanation related to prior art citations. According to MPEP 2202: “The written statement should be directed to the pertinence of the cited prior art.” These statements can help clarify the relevance of cited prior art to the patent under…
Read MoreWhat are the limitations on written statements submitted with prior art citations?
Written statements submitted with prior art citations have specific limitations. According to MPEP 2202: “The written statement should be directed to the pertinence of the cited prior art. A written statement submitted by a person other than the patent owner must not include any information that goes beyond the citation of patents and publications.” This…
Read MoreHow can I submit prior art or written statements under 37 CFR 1.501?
Prior art patents, printed publications, and/or written statements under 37 CFR 1.501 can be submitted to the USPTO via: Mail Hand-delivery The Office’s Electronic Filing System (EFS, currently EFS-Web) The MPEP states, “Both registered and unregistered eFilers may make a submission for a patent under 37 CFR 1.501 via EFS.” However, it’s important to note…
Read MoreIs there a fee for submitting prior art citations or written statements to the USPTO?
No, there is no fee required for submitting prior art citations or written statements to the USPTO for placement in patent files. As stated in MPEP 2202: “Submission may be made without payment of a fee.“ This applies to both prior art citations and written statements concerning claim scope. These submissions can be made independently…
Read MoreWhat 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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