What is the purpose of 37 CFR 1.501(a)?
37 CFR 1.501(a) serves two main purposes:
- It allows any person to file a written submission of prior art during the enforceability period of a patent.
- It permits the submission of statements made by the patent owner in federal court or USPTO proceedings regarding claim scope.
As stated in the MPEP: 37 CFR 1.501(a) permits any person at any time during the period of enforceability of a patent to file a written submission directed to prior art consisting of patent and printed publications which that person states to be pertinent and applicable to the patent and believes to have a bearing on the patentability of any claim(s) of the patent or statements of the patent owner filed by the patent owner in a proceeding before a federal court or the Office in which the patent owner took a position on the scope of any claim of the patent.
This provision facilitates the submission of relevant information that may affect the patent’s validity or interpretation.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1920 - Citation Of Prior Art Under 37 Cfr 1.501(A),
Patent Law,
Patent Procedure