What must be included in a submission under 35 U.S.C. 301?
A submission under 35 U.S.C. 301 must include several components, as outlined in MPEP 2205:
- An explanation of how the person submitting considers the prior art or written statement to be pertinent and applicable to the patent
- A broad statement of the pertinence and manner of applying the prior art or written statement to the patentability of the claims
- For at least one patent claim, an explanation of how each cited item shows or teaches at least one limitation of the claim
- Copies of all submitted prior art patents, printed publications, or section 301 written statements, including any necessary English translations
The MPEP states: “The submission must, at a minimum, contain some broad statement of the pertinence and manner of applying the prior art or written statement submitted as to the patentability of the claims of the patent.“
Additionally, submissions by patent owners may include an explanation of how the claims differ from the submitted prior art or written statement.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2205 - Content Of Prior Art Or Section 301 Written Statements,
Patent Law,
Patent Procedure