What are the requirements for TP submissions?
Q) TP Submissions
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{ 6 comments… read them below or add one }
I’m assuming TP = third party
1134.01 answers the above
1.99
In a pending application, up to 2 months after publication and before notice of allowance, with consent of applicant thereafter.
A third party submission is only applicable to pending PUBLISHED applications.
A protest is only applicable to pending applications.
A Citation of Prior Art (i.e. for reexam purposes) is only applicable to issued patents.
A third party submission question is in 2002 Oct AM.
46. Which of the following statements relevant to a third party submission in a published patent application accords with proper USPTO practice and procedure?
(A) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application.
(B) A submission of patents by a member of the public must be made prior to the mailing of a Notice of Allowance.
(C) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application or prior to the mailing of a Notice of Allowance, whichever is later.
(D) A submission of patents by a member of the public must be made within 2 months of the date of publication of the application or prior to the mailing of a Notice of Allowance, whichever is earlier.
(E) Any submission not filed within the period set forth in the patent rules will be accepted provided it is accompanied by the processing fee set forth in 37 CFR 1.17(i).
An index search of “third party submission” leads you to 1134.01 (CFR 1.99). Verbatim.
Q) TP Submissions / October 16, 2002 AM, #46
46. ANSWER: (D) is correct. 37 C.F.R. §1.99(e). (D) is correct because 37 C.F.R. § 1.99(e) provides, “A submission under this section must be filed within two months from the date of publication of the application (§ 1.215(a)) or prior to the mailing of a notice of allowance
(§ 1.311), whichever is earlier.” Therefore, answer (D) is correct and answers (A), (B), and (C) are incorrect. (E) is wrong because 37 C.F.R. § 1.99(e) recites, “A submission by a member of the public to a pending published application that does not comply with the requirements of this section will be returned or discarded.”