Can a patent owner file citations of prior art against their own patent?
Yes, a patent owner can file citations of prior art against their own patent. According to MPEP 2202:
“The patent owner may file citations of prior art for entry in the patent file.”
This provision allows patent owners to proactively address potential prior art that might affect the validity of their patent. By submitting such citations, patent owners can potentially strengthen their patent by addressing known prior art or preemptively responding to potential challenges.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2202 - Citation Of Prior Art And Written Statements,
Patent Law,
Patent Procedure