§301 — Title 35 Patents | U.S. Code

Summary

Anyone, at any time, can send the Patent Office a written citation of either (1) patents or printed publications they think matter for a patent claim, or (2) statements the patent owner made in a court or Office proceeding about what a claim covers. If the sender explains in writing how the citation applies to at least one claim, the citation and that explanation are added to the patent’s official file. If the citation is an owner’s statement, the sender must include other papers from that proceeding that relate to it. Those owner statements and related papers may only be used by the Office to decide claim meaning in proceedings ordered or started under sections 304, 314, or 324. If material is under a protective order, confidential parts must be redacted. If the sender asks in writing, their identity will be kept out of the patent file and kept confidential.

Title 35, §301

Patents — Source: USLM XML via OLRC

(a)Any person at any time may cite to the Office in writing—

(1)prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent; or

(2)statements of the patent owner filed in a proceeding before a Federal court or the Office in which the patent owner took a position on the scope of any claim of a particular patent.

(b)If the person citing prior art or written statements pursuant to subsection (a) explains in writing the pertinence and manner of applying the prior art or written statements to at least 1 claim of the patent, the citation of the prior art or written statements and the explanation thereof shall become a part of the official file of the patent.

(c)A party that submits a written statement pursuant to subsection (a)(2) shall include any other documents, pleadings, or evidence from the proceeding in which the statement was filed that addresses the written statement.

(d)A written statement submitted pursuant to subsection (a)(2), and additional information submitted pursuant to subsection (c), shall not be considered by the Office for any purpose other than to determine the proper meaning of a patent claim in a proceeding that is ordered or instituted pursuant to section 304, 314, or 324. If any such written statement or additional information is subject to an applicable protective order, such statement or information shall be redacted to exclude information that is subject to that order.

(e)Upon the written request of the person citing prior art or written statements pursuant to subsection (a), that person’s identity shall be excluded from the patent file and kept confidential.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Pub. L. 112–29 amended section generally. Prior to amendment, text read as follows: “Any person at any time may cite to the Office in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent. If the person explains in writing the pertinency and manner of applying such prior art to at least one claim of the patent, the citation of such prior art and the explanation thereof will become a part of the official file of the patent. At the written request of the person citing the prior art, his or her identity will be excluded from the patent file and kept confidential.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 Amendment Pub. L. 112–29, § 6(g)(3), Sept. 16, 2011, 125 Stat. 312, provided that: “The

Amendments

made by this subsection [amending this section] shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act [Sept. 16, 2011] and shall apply to any patent issued before, on, or after that

Effective Date

.”

Effective Date

Section effective

July 1, 1981, and applicable to patents in force as of

July 1, 1981, or issued thereafter, see section 8(b) of Pub. L. 96–517, set out as an

Effective Date

of 1980 Amendment note under section 41 of this title.

§301 Citation of prior art and written statements

Summary

Title 35, §301

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Effective Date

Citations & Metadata