Who can submit prior art or patent owner statements under 37 CFR 1.501(a)?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 37 CFR 1.501(a), any person can submit prior art or patent owner statements during the enforceability period of a patent. The MPEP clearly states: 37 CFR 1.501(a) permits any person at any time during the period of enforceability of a patent to file a written submission.

This broad allowance includes, but is not limited to:

  • Inventors
  • Patent attorneys or agents
  • Competitors
  • Researchers
  • Members of the public

The inclusive nature of this provision encourages the submission of relevant information from diverse sources, potentially enhancing the quality and validity of granted patents.

Topics: MPEP 1900 - Protest MPEP 1920 - Citation Of Prior Art Under 37 Cfr 1.501(A) Patent Law Patent Procedure
Tags: Patent Challenges, Patent Owner Statements, Prior Art Submission