Strategic Third-Party Submissions Against Patent Applications

Here is a copy of an old article about pre-grant submissions (observations) that third-parties can submit to challenge or weigh-in on someone else’s pending patent application:

“Strategic Third-Party Submissions Against Patent Applications,” Intellectual Property Today, Vol. 19, No. 12 (December 2012)

This information is still mostly timely, though the fee for submitting 4-10 documents has since changed. There is now a separate fee schedule for third-party submissions under 37 C.F.R. § 1.290 and the official fee under 37 C.F.R. § 1.17(o) for 4-10 references is $180/$72 for a large/small entity as of April 2023 (there is no micro entity fee available).

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Austen Zuege is an attorney at law and registered U.S. patent attorney in Minneapolis whose practice encompasses patents, trademarks, copyrights, domain name cybersquatting, IP agreements and licensing, freedom-to-operate studies, client counseling, and IP litigation. If you have patent, trademark, or other IP issues, he can help.