The 3rd-Party Submissions Most Likely To Succeed At USPTO
Law360, New York (October 27, 2017, 10:37 AM EDT) -- Third-party submissions were created by the America Invents Act and allow a party to proactively submit prior art and commentary to a patent examiner during prosecution. Although third-party submissions are orders of magnitude cheaper to prepare compared to post-issuance challenges such as inter partes review, there are risks associated with submitting great prior art to an examiner who may effectively ignore the submission. These risks are magnified by a recent Patent Trial and Appeal Board decision on institution — recently designated as “informative” — involving prior art from a third-party submission. Although third-party submissions are not subject to statutory estoppel, the...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!