# MPEP § 2203: Persons Who May Cite Prior Art or Written Statements > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/MPEP_S2203 ## Section - **Citation:** MPEP § 2203 - **Heading:** Persons Who May Cite Prior Art or Written Statements - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** USPTO MPEP / Chapter 2200 - Citation of Prior Art and Ex Parte Reexamination of Patents / MPEP § 2203 ## Text The patent owner, or any member of the public, may submit prior art patents or printed publications and/or written statements and additional information to the Office. 35 U.S.C. 301 states that “[a]ny person at any time may cite to the Office. . . .” “Any person” may be a corporate or governmental entity as well as an individual. “Any person” includes patentees, licensees, reexamination requesters, real parties in interest to the patent owner or requester, persons without a real interest, and persons acting for real parties in interest without a need to identify the real party of interest. If a person citing prior art or written statements desires his or her identity to be kept confidential, such a person need not identify himself or herself. Persons other than reexamination requesters who desire to remain confidential are therefore advised to not identify themselves anywhere in their papers. For reexamination requesters, the certification requirement of 37 CFR 1.510(b)(6) , coupled with a party’s 37 CFR 11.18 certification obligations when transacting business before the Office, are considered sufficient to ensure compliance with the inter partes review and post grant statutory estoppel requirements. A real party in interest that wishes to remain anonymous when filing a request for reexamination under 37 CFR 1.510 can do so by utilizing the services of a registered practitioner. In such an instance, the registered practitioner submitting a request for reexamination on behalf of the real party in interest would be certifying that the real party in interest was not estopped from filing the request. Conversely, an individual filing a request for reexamination under 37 CFR 1.510 on behalf of himself cannot remain anonymous, as he is required to sign the document that includes the 37 CFR 1.510(b)(6) certification ractitioner submitting a request for reexamination on behalf of the real party in interest would be certifying that the real party in interest was not estopped from filing the request. Conversely, an individual filing a request for reexamination under 37 CFR 1.510 on behalf of himself cannot remain anonymous, as he is required to sign the document that includes the 37 CFR 1.510(b)(6) certification. Confidential submissions should include proper proof of service as required by 37 CFR 1.248(b) that the patent owner has been sent a copy of the submission; otherwise the submission will not be entered into the patent file. Patent examiners should not , at their own initiative, create a submission under 35 U.S.C. 301 and place it in a patent file or forward it for placement in the patent file. Patent examiners are delegated by the Director with the responsibility of making decisions as to patentability. Any activity by examiners which would appear to indicate that patent claims are not patentable, outside of those cases pending before them, is inappropriate. [top] ## Nearby sections - [MPEP § 2201 Introduction](https://www.frixlaw.com/law-library/statutes/MPEP_S2201.md) - [MPEP § 2202 Citation of Prior Art and Written Statements](https://www.frixlaw.com/law-library/statutes/MPEP_S2202.md) - [MPEP § 2203 Persons Who May Cite Prior Art or Written Statements](https://www.frixlaw.com/law-library/statutes/MPEP_S2203.md) - [MPEP § 2204 Time for Filing Prior Art or Section 301 Written Statements](https://www.frixlaw.com/law-library/statutes/MPEP_S2204.md) - [MPEP § 2205 Content of Prior Art or Section 301 Written Statements](https://www.frixlaw.com/law-library/statutes/MPEP_S2205.md) - [MPEP § 2206 Submission and Handling of Prior Art or Section 301 Written Statements](https://www.frixlaw.com/law-library/statutes/MPEP_S2206.md) - [MPEP § 2207 Entry of Court Decision in Patent File](https://www.frixlaw.com/law-library/statutes/MPEP_S2207.md) - [MPEP § 2208 Service of Prior Art or Section 301 Written Statements on Patent Owner](https://www.frixlaw.com/law-library/statutes/MPEP_S2208.md) - [MPEP § 2209 Ex Parte Reexamination](https://www.frixlaw.com/law-library/statutes/MPEP_S2209.md) - [MPEP § 2210 Request for Ex Parte Reexamination under 35 U.S.C. 302](https://www.frixlaw.com/law-library/statutes/MPEP_S2210.md) - [MPEP § 2211 Time for Requesting Ex Parte Reexamination under 35 U.S.C. 302](https://www.frixlaw.com/law-library/statutes/MPEP_S2211.md) - [MPEP § 2212 Persons Who May File a Request for Ex Parte Reexamination under 35 U.S.C. 302](https://www.frixlaw.com/law-library/statutes/MPEP_S2212.md) - [MPEP § 2212.01 Inquiries from Persons Other Than the Patent Owner](https://www.frixlaw.com/law-library/statutes/MPEP_S2212.01.md) - [MPEP § 2213 Representative of Requester](https://www.frixlaw.com/law-library/statutes/MPEP_S2213.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S2203. Check the current official text before relying on it. Not legal advice.