Can a patent owner file citations of prior art against their own patent?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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.
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