Introduction Third-Party Preissuance Submissions[edit | edit source]
35 U.S.C. 122(e) provides a mechanism for third parties to submit patents, published patent applications, or other printed publications of potential relevance to the examination of a patent application with a concise description of the asserted relevance of each document submitted.
Under 35 U.S.C. 122(e), such submissions may be made before (1) the later of (i) 6 months after the date of publication or (ii) the date of a first Office action on the merits rejecting any claims, or (2) before the date of a notice of allowance, if earlier. Section 122(e) also provides for such fees as the Director may prescribe. This new provision was effective on September 16, 2012, and applies to any patent application.
To do[edit | edit source]
- Identify the application number for a non-issued patent that is infringing on the global intellectual commons
- Go to https://portal.uspto.gov/pair/PublicPair and find the 4 digit confirmation number for the patent application
- Go here https://www.uspto.gov/patent/initiatives/third-party-preissuance-submissions
- Fill in your information then put in the specifics of prior art - dated before the patent application submission of US patents, US patent application publications, foreign patents and applications, and non-patent applications.
- put in your email to be notified on their decision
- You should be able to choose : The fee set forth in 37 CFR 1.290(f) is not required because this submission lists three or fewer total items and, to the knowledge of the person signing the statement after making reasonable inquiry, this submission is the first and only submission under 35 U.S.C.122(e) filed in the above-identified application by the party making the submission or by a party in privity with the party. See 37 CFR 1.290(g).
