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Expert Analysis

Changing The Rules Of The Game: Preissuance Submissions

Law360, New York (January 23, 2012, 1:02 PM EST) -- On Jan. 5, 2012, the U.S. Patent and Trademark Office published proposed rules[1] relating to preissuance submissions[2] under the America Invents Act of 2011. Preissuance submissions are submissions of prior art by third parties in pending patent applications, and are expected to change the rules of the patenting game. They can be filed in any nonprovisional utility, design and plant application, as well as in any continuing or reissue application. Preissuance submissions will reduce the risk that unpatentable claims will be allowed by examiners who are unfamiliar with the prior art. This new process is expected to improve the quality of issued patents....

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