PharmaPatents Timely Insight on Emerging Legal Developments

Tag Archives: Preissuance Submissions

Strategies For Preissuance Submissions In U.S. Patent Applications

Posted in Patent Office Practice

As of September 16, 2012, third parties have been able to make “Preissuance Submissions” of printed publications in pending patent applications. To date, the USPTO has received just over 100 Preissuance Submissions. This article provides some tips and strategies for both applicants and third parties. Continue reading this entry

USPTO Publishes Final Rules For Preissuance Submissions By Third Parties

Posted in Patent Reform; USPTO Proposed Rule Changes

The USPTO published the final rules to implement the Preissuance Submissions provisions of the America Invents Act in the July 17, 2012 Federal Register. The final rules add new 37 CFR § 1.290, revise 37 CFR § 1.291, and remove 37 CFR § 1.99 (the current rule relating to preissuance submissions) and 37 CFR § 1.292 (the current rule relating to public use proceedings). The rules take effect on September 16, 2012, and are applicable in principle to all pending patent applications. The final rules are similar to the proposed rules that were published in January, but there are some important differences and clarifications set forth in the final rulemaking.Continue reading this entry

Proposed AIA Implementation Rules: Preissuance Submissions In Pending Applications

Posted in Patent Reform; USPTO Proposed Rule Changes

On January 5, 2012, the USPTO issued a Federal Register Notice with proposed rules to implement provisions of the America Invents Act relating to preissuance submissions of publications in a pending patent application. The proposed rules add new 37 CFR § 1.290, revise 37 CFR § 1.291, and remove 37 CFR § 1.99 (the current rule relating to preissuance submissions) and 37 CFR § 1.292 (the current rule relating to public use proceedings). The USPTO will consider written comments received by March 5, 2012.Continue reading this entry