Third-party preissuance submissions

35 U.S.C. 122(e) and 37 CFR 1.290 provide 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.


Such submissions may be made (1) before the later of (i) the date that is 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.

 

 

 


 

 

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Prior art reference process chart

How to File Third-Party Preissuance Submissions

Filing electronically

Filing by paper


Third-Party Preissuance Submission Guidance