What are the requirements for a proper 37 CFR 1.501 submission?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
A proper submission under 37 CFR 1.501 must meet specific requirements. According to the MPEP, a proper submission:
- Is limited to patents, printed publications, and/or patent owner written claim scope statements and additional information
- Includes the requisite citation description and information
- Includes proof of service on the patent owner (if submitted after an order for reexamination)
The MPEP states: “If the 37 CFR 1.501 submission is proper (i.e., is limited to patents, printed publications, and/or patent owner written claim scope statements and additional information and includes the requisite citation description and information and proof of service on the patent owner), it should be entered into the patent file.“
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2206 - Submission And Handling Of Prior Art Or Section 301 Written Statements
Patent Law
Patent Procedure