Can I submit prior art to the USPTO anonymously?
Yes, you can submit prior art to the USPTO anonymously. MPEP 2203 explicitly states:
If a person citing prior art or written statements desires his or her identity to be kept confidential, such a person need not identify himself or herself.
However, there are some important considerations:
- If you’re submitting anonymously, you should not identify yourself anywhere in the papers.
- Confidential submissions must include proper proof of service as required by 37 CFR 1.248(b) showing that the patent owner has been sent a copy of the submission.
- For reexamination requesters, there are additional certification requirements under 37 CFR 1.510(b)(6) that may affect anonymity.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2203 - Persons Who May Cite Prior Art Or Written Statements,
Patent Law,
Patent Procedure