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

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.

To learn more:

• prior art
• Section 301 written statements
• patent owner
• service requirement