What are the guidelines for submitting prior art to the USPTO?
The guidelines for submitting prior art to the U.S. Patent and Trademark Office (USPTO) are outlined in MPEP § 609. These guidelines are for applicants, their attorneys, and agents who wish to submit prior art for consideration.
According to MPEP 707.05(b), “Submitted citations will not in any way diminish the obligation of examiners to conduct independent prior art searches, or relieve examiners of citing other pertinent prior art of which they may be aware.” This means that while applicants can submit prior art, examiners are still required to perform their own searches and cite any relevant art they find.
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