Third-party pre-issuance submissions are a relatively new process that allows third parties to submit prior art to the USPTO during the examination of a patent application. This can be a helpful way to ensure that the examiner has all the relevant information before making a decision on whether to grant a patent.
To file a third-party pre-issuance submission, you must first identify any prior art that you believe is relevant to the patent application. You can do this by searching the USPTO’s patent database, or by retaining a third party company to perform a patent search. After you have identified the prior art, you must submit it to the USPTO along with a concise description of how each item is relevant to the patent application.
The USPTO will review your submission and determine whether it is relevant to the patent application. If the USPTO finds that your submission is relevant, it will be added to the patent application file and the examiner will consider it when making a decision on whether to grant a patent.
Here are some of the advantages of filing a third-party pre-issuance submission:
• It can help to ensure that the examiner has all of the relevant information before making a decision on whether to grant a patent.
• It can help to prevent the issuance of a patent that is based on invalid or unenforceable claims.
• It can help to reduce the risk of patent infringement.
Here are some of the disadvantages of filing a third-party pre-issuance submission:
• It can be expensive to file a third-party pre-issuance submission depending on the costs to the third party to conduct the search and the quantity of time required for review of the search results.
• It can take time for the USPTO to review your submission and make a decision on whether it is relevant.
• Your submission may not be accepted by the USPTO, or it may not be considered by the examiner.
Overall, third-party pre-issuance submissions can be a helpful way to ensure that the examiner has all of the relevant information before making a decision on whether to grant a patent. However, it is important to weigh the advantages and disadvantages before deciding whether to file a third-party pre-issuance submission.