What limitations are placed on submissions to patent files regarding court decisions?
The USPTO places several limitations on submissions to patent files regarding court decisions and related documents. According to MPEP 2207, these limitations include:
- Non-merit decisions (e.g., on motions for a new venue or discovery date) are not entered and may be expunged if mistakenly added.
- Papers providing a party’s arguments (e.g., a memorandum supporting summary judgment) are not entered and may be expunged if mistakenly added.
- Submissions must be limited to notification without additional comments or arguments.
- Highlighting or underlining of text is not permitted as it goes beyond mere notice.
- The USPTO may return, expunge, or discard submissions deemed too lengthy, at its discretion.
The MPEP states: Such submissions must be provided without additional comment. Persons making such submissions must limit the submission to the notification and not include further arguments or information. Highlighting of certain text by underlining, fluorescent marker, etc., goes beyond bare notice of the prior or concurrent proceedings.
These limitations ensure that patent files remain focused on relevant legal decisions and proceedings without being cluttered by extraneous or argumentative content.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2207 - Entry Of Court Decision In Patent File,
Patent Law,
Patent Procedure