MPEP 1100

Question 1

In accordance with the patent laws, rules and procedures as related in the MPEP, what can a third party submit in a pending published application within six months from the publication date?

Answer 1

Submission must:

(1) ID application by application number
(2) include the appropriate fee
(3) include a list of the patents or publications (including the date of publication of each patent or publication)” & a “ copy of each listed patent or publication in written form or at least the pertinent portions;” and an “English language translation of all the necessary and pertinent parts of any non-English language patent or publication in written form”

Question 2

what can a third party submission NOT have?

Answer 2

(1) explanations beyond a concise explanation
(2) markings or highlights on the publications
(3) materials or things other than patents and publications
(4) a protest cannot be filed in a published application