What are the main provisions for third-party 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 MPEP outlines two main provisions for third-party submissions in patent applications:

• 35 U.S.C. 122(c): This provision prohibits protests or pre-issuance opposition after publication of an application without the applicant’s express written consent. It is implemented by 37 CFR 1.291.
• 35 U.S.C. 122(e): This provision allows third parties to submit printed publications relevant to the examination of an application. It is implemented by 37 CFR 1.290.

As stated in the MPEP, “35 U.S.C. 122(e) provides a mechanism for third parties to submit printed publications in another party’s patent application. Under 35 U.S.C. 122(e), any third party may submit printed publications of potential relevance to the examination of an application for consideration and inclusion in the record of the application.”