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Patent Reform: Can Preissuance Submissions Help?

patent reform

While almost no one thinks that the America Invents Act (AIA) will completely solve America’s patent problems, there are a few provisions in the AIA that may be useful tools in limiting and/or preventing bad patents. One of these tools is the newly implemented Preissuance Submission procedure, which went into effect on September 16, 2012. This procedure allows third parties to participate in the patent application process by providing prior art, which can then be used by a patent examiner to determine whether a patent application lacks novelty or is otherwise obvious. The Electronic Frontier Foundation has now seized upon the new procedure to organize a project to identify pending applications related to 3D printing and then seek out relevant prior art for submission.

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