© 2012-2013 by Stephen L. Keefe
Third Party Pre-Issuance Submissions
For a relatively inexpensive USPTO fee of $180, a third party may submit information to the USPTO for consideration by the Examiner in determining patentability of the Applicant's patent claims. Although more specific timing requirements apply, the submission must at least precede allowance of the patent application. The USPTO requires only minimal requirements for submitting the information, and the submitting party may remain anonymous. However, the submitting party has no right to participate further in patent prosecution regarding the submitted information after making the submission. Therefore, the submitting party may not respond to the patent applicant's arguments against the submitted information. Also, the patent prosecution history of the application will show that the Examiner considered the submitted information in determining patentability. Thus, the submitted information may be more easily dismissed in later proceedings if the prosecution history shows that the Examiner issued a patent despite consideration of the submitted information. In other words, a court may take the view that because the Examiner thought the claims were allowable over the submitted prior art, the submitted prior art should not be given much weight.
Tappan Zee Bridge in New York
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