What are the limitations on written statements submitted with prior art citations?
Written statements submitted with prior art citations have specific limitations. According to MPEP 2202:
“The written statement should be directed to the pertinence of the cited prior art. A written statement submitted by a person other than the patent owner must not include any information that goes beyond the citation of patents and publications.”
This means that while patent owners have more flexibility in their statements, third parties are restricted to discussing only the cited patents and publications. They cannot introduce new information or arguments beyond the scope of the cited prior art.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2202 - Citation Of Prior Art And Written Statements,
Patent Law,
Patent Procedure