Preempting Patent Litigation With 3rd-Party Submissions

Law360, New York (February 13, 2012, 1:08 PM EST) -- On Jan. 5, 2012, the United States Patent and Trademark Office published notices of proposed rulemaking regarding its implementation of certain provisions of the Leahy-Smith America Invents Act. Any market competitor or would-be defendant hoping to preempt or minimize litigation by either preventing the issuance of a patent or invalidating an issued patent would be well advised to familiarize themselves with these proposed rules.

Third-Party Preissuance Submissions

Currently, 37 C.F.R. § 1.99 allows third parties to file with the USPTO, within the earlier of two months...
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