What is the proper service requirement for confidential submissions to the USPTO?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. When making confidential submissions to the USPTO, it’s crucial to follow the proper service requirements. According to MPEP 2203 : Confidential submissions should include proper proof of service as required by 37 CFR 1.248(b) that the patent owner has been sent a copy of the submission; otherwise the submission will not be entered into the patent file. This means that even if you’re submitting prior art or written statements anonymously, you must still provide evidence that you’ve sent a copy of your submission to the patent owner. Failure to do so may result in your submission being rejected or not considered by the USPTO. It’s important to follow these service requirements carefully to ensure your confidential submission is properly processed and considered by the USPTO. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Confidential Submissions Must Prove Patent Owner Received Copy MPEP 2203 Required Any Person May Cite Prior Art MPEP 2203 Permitted Patent Owner or Public Can Submit Prior Art MPEP 2203 Permitted Certification Requirement for Reexamination Requests MPEP 2203 Any Person May Submit Prior Art MPEP 2203 Permitted Real Party Can Use Practitioner to File Anonymously MPEP 2203 Permitted Certification for Anonymous Reexamination Requests MPEP 2203 Individual Filing Self-Request Must Sign Certification MPEP 2203 Prohibited Examiner Not to Initiate 35 U.S.C. 301 Submissions MPEP 2203 Recommended Patent Examiners Must Decide Patentability MPEP 2203 Other Related FAQs 5 FAQs Collapse What are the requirements for a reexamination requester to remain anonymous? Can patent examiners submit prior art under 35 U.S.C. 301? Can I submit prior art to the USPTO anon...