The America Invents Act provides new opportunities for third parties to submit prior art for recently published applications or granted patents. Our third party submission service provides a complete package from monitoring application status, to prior art search, to submission to the USPTO. Our solutions include both pre-issuance reference submission and post-grant review.
Pre-issuance submissions under the AIA allow a third party to submit prior art along with a concise description between publication of the application and the earlier of: (a) the date of a notice of allowance; or (b) the later of (1) six months after publication or (2) the date of the first rejection.
The AIA provides three methods for third parties to challenge the validity of an issued patent at the USPTO. Inter partes review may be initiated after nine months from the issuance of the patent. Petitions for post-grant review are available for patents with an effective filing date on or after March 16, 2013 and must be filed within nine months of the grant of the patent. The transitional program for covered business method patents allows post grant review of business method patents within nine months of issuance.
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