What is the purpose of 37 CFR 1.501(a)?

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.

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.

Topics: MPEP 1900 - Protest MPEP 1920 - Citation Of Prior Art Under 37 Cfr 1.501(A) Patent Law Patent Procedure
Tags: Claim Scope, patent enforcement, patent validity