LEAHY-SMITH AMERICA INVENTS ACT (2011 PATENT ACT)

PRE-ISSUANCE SUBMISSIONS BY THIRD PARTIES:

Under current US Patent and Trademark Office (USPTO) procedure, third party submissions of prior art patents and publications must be filed within two months of the date of publication of the application or prior to mailing of a notice of allowance, whichever is earlier. The time period for third party submissions has been expanded. A third party may submit any patent or publication of potential relevance to the examination of the application if the submission is made in writing before the earlier of (a) the date the notice of allowance is mailed to an applicant, or (b) the later of (1) six months after the date on which the application for patent is first published or (2) the date of the first substantive office action during the examination of an application. This provision will take effect one year after enactment. The following articles discuss the different aspects of the new Pre-Issuance Submissions provisions

(1) Summary of Pre-Issuance Submissions
(2) Similarities and Differences between Pre-Issuance Submission Under the America Invents Act and Current Protest Practice



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