Can patent owners make submissions under 37 CFR 1.501?
Yes, patent owners can make submissions under 37 CFR 1.501. The MPEP provides guidance on how these submissions are handled:
- If a proper submission is filed by the patent owner before an order for reexamination, it should be entered into the file.
- If a proper submission is filed by the patent owner after an order for reexamination, it should also be entered into the file.
The MPEP states: “If a proper 37 CFR 1.501 submission is filed by the patent owner, it should be entered in the file. This is true whether the submission is filed prior to or after an order for reexamination has been mailed.“
However, if an improper submission is filed by the patent owner prior to an order for reexamination, it should not be entered in the file, and the patent owner should be notified of the non-entry.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2206 - Submission And Handling Of Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure