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USPTO Issues Final Rules for Third-Party Submissions on Pending Applications


Earlier today, the USPTO announced final rules to implement the provisions of the America Invents Act (AIA) relating to preissuance submissions by third parties in pending patent applications. The final rules will go into effect on 16 September 2012 and will apply to all applications pending on that date.
Section 8 of the AIA created a new 35 U.S.C. 122(e) that permits any third party to submit for USPTO consideration any patent, published patent application or printed publication of “potential relevance” to the examination of a patent application.
The written submission must be made (1) within six months after first publication or rejection of any claim or (2) the issuance of a notice of allowance, whichever is later.

In addition, the new rule provides that:

(1) A fee of $180 will be required for every 10 documents or fraction thereof submitted (however, no fee is required for three or fewer documents filed with a first and only Section122(e) submission);

(2) Submissions may be made via the electronic filing system (EFS); and

(3) Service on the applicant will not be required, although the PTO intends to notify applicants by email of compliant third-party submissions