Submissions by 3rd Parties (Sec. 9)

Allows third parties to submit prior art for any pending application within six months after publication, thereby creating Pre-Grant opposition. Requires a statement of relevancy and a fee as prescribed by the PTO Director

The PIA Viewpoint

One of the cornerstones of the U.S. Patent System is that applications are kept in strict confidence by examiners during the evaluation process. Added participation devalues patents by allowing outside entities to discover and challenge applications during what is currently a protected process.

In its current form, the U.S. Patent System protects the true inventor and assures the exclusive rights to royalties. Added participation will delay the patent, handicap the system and further burden examiners.