What additional requirements apply to submissions that include section 301 written statements?

Submissions that include section 301 written statements have specific additional requirements, as outlined in MPEP 2205 and 37 CFR 1.501(a)(3):

1. Identification of the forum and proceeding in which the patent owner filed each statement
2. Identification of the specific papers and portions of the papers that contain the statement
3. Explanation of how each submitted statement is one in which the patent owner took a position on the scope of any claim in the patent

The MPEP states: “A submission that includes section 301 written statements must, pursuant to 37 CFR 1.501(a)(3), further include the identification of: (1) The forum and proceeding in which patent owner filed each statement; (2) The specific papers and portions of the papers submitted that contain the statement; and (3) How each statement submitted is a statement in which patent owner took a position on the scope of any claim in the patent.“

Additionally, any accompanying information must be submitted in redacted form to exclude information subject to any applicable protective order.

To learn more:

• 35 U.S.C. 301
• section 301 written statements
• submission requirements