What is the significance of 35 U.S.C. 301 in citing prior art?

What is the significance of 35 U.S.C. 301 in citing prior art?

35 U.S.C. 301 plays a crucial role in the citation of prior art for patents. According to MPEP 707.05:

‘Availability of newly discovered references should be reported to the examiner even though the application is allowed or in issue.’

This statute allows any person to submit prior art patents or publications relevant to a patent’s validity. Key points include:

• Submissions can be made at any time during a patent’s enforceability.
• The person submitting may provide a concise explanation of the relevance.
• The identity of the person submitting may remain confidential upon request.

This provision enhances the quality of issued patents by allowing continuous updating of relevant prior art, even after a patent has been granted. It’s an important tool for both examiners and the public in maintaining the integrity of the patent system.

To learn more:

• 35 U.S.C. 301
• prior art citation
• patent validity
• post-grant submissions

To learn more:

• 35 U.S.C. 301