§301 Citation of Prior Art and Written Statements

Summary

Anyone may, at any time, send the Patent Office in writing earlier patents or printed publications, or statements the patent owner made in a court or Office case, if those materials relate to a patent claim. If the sender explains in writing how the citation applies to at least one claim, the citation and explanation are put into the patent’s official file. If the citation is a patent-owner statement, the sender must include other case documents that relate to that statement. The Office may use those statements and documents only to decide the proper meaning of a claim in proceedings under sections 304, 314, or 324. Information covered by a protective order must be redacted. If the sender asks in writing, their identity will be kept out of the patent file.