MPEP Q & A 8: Filings Third-Party Submissions May Not Be Directed To

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Question:

List at least one type of filing that third-party submissions may not be directed to.

Answer:

Third-party submissions may not be directed to:

  • provisional applications,
  • issued patents,
  • reissue applications, and
  • reexamination proceedings.

Chapter Details:

The answer to this question can be found in chapter 1100 of the MPEP. This chapter covers the Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1134.01 of the MPEP.  The following is a brief summary of section 1134.01.

1134.01   Third Party Submissions  Under 37 CFR 1.290  

This section covers third party submissions under 37 C.F.R. 1.290.  The America Invents Act (AIA) amended 35 U.S.C. 122 by providing a mechanism for third parties to submit printed publications in another party’s patent application. Third-party submissions under 37 CFR 1.99 were eliminated as of September 16, 2012.

This section covers the time for filing a third-party submission along with the content requirements for a third party submission.  The type of information that may be submitted in a third-party submission is limited to patents, published patent applications, and other printed publications of potential relevance to the examination of a patent application.  However, any third party may submit for consideration and inclusion in the record of a patent application, any patent, published patent application, or other printed publication of potential relevance to the examination of the application.

 

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