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2003.01 Disclosure After Patent Is Granted [R-2] - 2000 Duty of Disclosure


2003.01 Disclosure After Patent Is Granted [R-2]

I.    < BY CITATIONS OF PRIOR ART UNDER


37 CFR 1.501

Where a patentee or any member of the public (including private persons, corporate entities, and government agencies) has prior >art< patents or printed publications which the patentee or member of the public desires to have made of record in the patent file, patentee or such member of the public may file a citation of such prior art with the U.S. Patent and Trademark Office pursuant to > 35 U.S.C. 301 and< 37 CFR 1.501. Such citations and papers will be entered without comment by the Office. The Office >generally< does not ** consider the citation and papers but merely places them of record in the patent file. Information which may be filed under 37 CFR 1.501 is limited to prior art patents and printed publications. Any citations which include items other than patents and printed publications will not be entered in the patent file. See MPEP § 2202 through § 2208.

II.    < BY REEXAMINATION

Where any person, including patentee, has prior art patents and/or printed publications which said person desires to have the U.S. Patent and Trademark Office consider after a patent has issued, such person may file a request for >ex parte< reexamination of the patent (see 37 CFR 1.510 and MPEP § 2209 through § 2220). >For a request for inter partes reexamination, see 37 CFR 1.913 and MPEP § 2609 through §  2620.<

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