MPEP § 2208 — Service of Prior Art or Section 301 Written Statements on Patent Owner
Ninth Edition, Revision 01.2024 · last revised R-08.2017
A copy of any submission of prior art patents, printed publications, and/or section 301 written statements and additional information in a patent file by a person other than the patent owner must be served on the patent owner so that the patent owner is kept fully informed as to the content of the patent file wrapper/file history. See MPEP § 2206 for handling of prior art citations and written statements under 35 U.S.C. 301.
The service to the patent owner should be addressed to the correspondence address as set forth in 37 CFR 1.33(c). See MPEP § 2222 as to the correspondence address.
A submission by a person other than the patent owner that fails to include proper proof of service as required by 37 CFR 1.248(b) will not be entered into the patent file.
Cited authority
- 35 U.S.C. 301 Citation of prior art and written statements
- 2206 Submission and Handling of Prior Art or Section 301 Written Statements
- 37 CFR 1.33 (pre-AIA) Correspondence respecting patent applications, reexamination proceedings, and other proceedings
- 2222 Address of Patent Owner
- 37 CFR 1.248 Service of papers; manner of service; proof of service in cases other than interferences and trials