Patent Law Updates | New Statutes, Regulations and Rules
July 24, 2012
USPTO Publishes Final Rules Governing Preissuance Submissions to Implement Provisions of the America Invents Act
Final Rule on Preissuance Submission Provision of the Leahy-Smith America Invents Act (AIA)
USPTO No. 12-42, 7/17/2012
The United States Department of Commerce’s United States Patent and Trademark Office (USPTO) has published final rules to implement the preissuance submission provision of the Leahy-Smith America Invents Act (AIA).
The preissuance submission final rules appear in the Federal Register and set forth the procedure that a third party must follow to submit patents, published patent applications, or other publications of potential relevance to the examination of another’s pending patent application. The preissuance submission provision of the AIA becomes effective on September 16, 2012, and applies to any patent application filed before, on, or after the effective date.
“The preissuance submission provision in the America Invents Act aims to bring the most relevant prior art to the examiner’s attention as early as possible during prosecution to enhance examination effectiveness and efficiency,” said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. “The agency is please to publish the preissuance submission final rules in the Federal Register several weeks before September’s effective date of the provision to give stakeholders ample time to learn the requirements of the final rules.”
In the coming weeks, the USPTO expects to publish additional final rules in the Federal Register for other AIA provisions that become effective on September 16, 2012. Those provisions include inventor’s oath/declaration, supplemental examination,inter partes review, post grant review, and covered business method review.
Additionally, the Office is planning a series of cross-country “roadshows” in September 2012 to discuss the preissuance submission final rules and various other final rules with stakeholders. The roadshows are scheduled to be held in Alexandria, Va., Atlanta, Denver, Detroit, Houston, Los Angeles, Minneapolis, and New York.
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