How does the USPTO handle inappropriate third-party inquiries or submissions in patent applications?

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.

The USPTO has strict guidelines for handling inappropriate third-party inquiries or submissions:

• Any submission not complying with 37 CFR 1.290 or 37 CFR 1.291 will not be entered into the application file and will be discarded.
• Office personnel are instructed not to reply to or act upon third-party inquiries or submissions, except those complying with 37 CFR 1.290 or 37 CFR 1.291.
• Examiners are to decline oral or telephone comments about applications from third parties.

The MPEP states: “The Office considers inappropriate any third-party inquiry, or submission in an application that is not provided for in 37 CFR 1.290 or 37 CFR 1.291. Any submission filed by a third party in an application that does not comply with the requirements of 37 CFR 1.290 or 37 CFR 1.291 will not be entered into the application file and will be discarded.“