New Pre-Issuance Submissions with the USPTO

IP Litigation

Technology Strategy & Analysis

October 07, 2012

Every week, the USPTO publishes more than 5,000 applications for new patents. Some will be abandoned or languish in examination for years, but many others will issue within two years as patents covering a broad range of activity. And, of course, once patents issue from the USPTO, they can only be invalidated by overcoming a clear and convincing standard of evidence.

The Leahy-Smith America Invents Act (AIA) of 2011 has, for the first time, created an opportunity to respond before patents even issue. Section 122(e) of the AIA went into effect September 16, 2012, and allows any third party to submit patents, patent applications, or other printed publication of "potential relevance" to a pending patent application, along with a statement explaining the relevance.

Elysium Digital can help. Using our experience in sifting large portfolios for key assets (or threats, depending on how you see it), we can quickly pick out key patent applications that could affect your business' products or operations. Next, our deep experience with prior art and invalidity trials will let us identify the most relevant and convincing publications suitable for third-party submission to the USPTO.