When used strategically, a preissuance submission can stop a competitor’s patent from issuing and interfering with your business. Indeed, preissuance submissions are a tool that our patent attorneys can use to help you get key prior art before a patent examiner as he or she considers whether to grant a competitor’s patent. If the prior art we submit demonstrates that your competitor’s invention is not eligible for patent protection, then we can stop the patent from being granted in the first place and asserted against you.
As summarized by the Patent Office:
Under the preissuance submission provision, a third party may submit a patent, patent application publication, or other printed publication for consideration in the examination of another’ patent application. The third party must, however, provide a statement of the relevance of each prior art document. The preissuance submission provision goes into effect on September 16, 2012.
Click to view the Preissuance Submission Final Rules