What types of prior art can be submitted to the USPTO under 35 U.S.C. 301?
According to MPEP 2203, the types of prior art that can be submitted to the USPTO under 35 U.S.C. 301 include:
- Prior art patents
- Printed publications
- Written statements
- Additional information
The MPEP states:
The patent owner, or any member of the public, may submit prior art patents or printed publications and/or written statements and additional information to the Office.
It’s important to note that while “additional information” is mentioned, the primary focus is on patents, printed publications, and written statements. The written statements and additional information should be relevant to the patentability of the claims in the patent being examined or reexamined.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2203 - Persons Who May Cite Prior Art Or Written Statements,
Patent Law,
Patent Procedure