301. Citation of prior art

301. Citation of prior art

This statute allows any person to submit to the U.S. Patent and Trademark Office documents (prior art references) that call into question the originality of a patented invention.

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.