9 Tips For 3rd-Party Prior Art Submissions

Law360, New York (August 20, 2012, 1:04 PM EDT) -- The U.S. Patent & Trademark Office recently issued the final rules on third-party prior art submissions at 77 F.R. 42150 (2012). Previously, third-party submissions of prior art in a patent application were limited to a two-month window after a patent application was published. But the final rules, enacted as part of the recent America Invents Act legislation, expand this time window.

Timing

For most patent applications, a third-party prior art submission can now be filed before the first Office Action is mailed. In cases where the...
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