What types of prior art can be submitted to the USPTO under 35 U.S.C. 301?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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.