What is the requirement for serving prior art or Section 301 written statements on a patent owner?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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 a person other than the patent owner submits prior art patents, printed publications, or Section 301 written statements to a patent file, they must serve a copy of this submission on the patent owner. This requirement ensures that the patent owner is fully informed about the contents of their patent file wrapper/file history. The Manual of Patent Examining Procedure (MPEP) states: “A copy of any submission of prior art patents, printed publications, and/or section 301 written statements and additional information in a patent file by a person other than the patent owner must be served on the patent owner so that the patent owner is kept fully informed as to the content of the patent file wrapper/file history.” This quote emphasizes the importance of keeping the patent owner informed about all submissions to their patent file. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Copies of Submissions Must Be Served on Patent Owner MPEP 2208 Required Service to Patent Owner Must Use Correspondence Address MPEP 2208 Recommended Proper Proof of Service Needed for Submissions MPEP 2208 Required Papers Entered in File Wrapper Must Be Returned MPEP 1003 Request for Early Publication of Patent Application MPEP 101 Permitted Director’s Decision on Patent Application Release Final and Unreviewable MPEP 101 Required Confidentiality Requirement for Patent Applications MPEP 101 Employee Must Maintain Confidentiality of Patent Application Documents MPEP 101 Confidentiality Requirement for Application Files MPEP 101 Prohibited Confidentiality Requirement for Searcher Information MPEP 101 Recommended Other Related FAQs 5 FAQs Collapse Where should the service of prior art or Sec...