Tagged with Preissuance Submission

Five Tips for Filing Preissuance Submissions in Design Patent Applications

Author: Elizabeth D. Ferrill
Editor: Michele C. Bosch

Five-Tips-for-Filing-Preissuance-Submissions

Back in April, we outlined the nuts and bolts of the AIA preissuance submission procedure. In short, third parties unrelated to the applicant may submit patents, published applications, and other printed publications to the USPTO for consideration during the examination of a pending application.

Curiously, the USPTO states that a third party may file such a submission for design patent applications. But, design patent applications are not published and remain secret until the design patent issues. So, the opportunity to file a submission would likely be limited to a third party that had prior knowledge of the content of a pending design patent application, either through notice letters, discovery, or closely following a competitor’s recently issued patents.

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Crowdsourcing 3D Printing Prior Art for Preissuance Submissions

Authors: Anita Bhushan, John F. Hornick

In an interesting turn of events, a segment of the 3D printing (3DP) community is leveraging the concept of crowdsourcing to find prior art and file it using the preissuance submission process.

3D printing—more formally known as additive manufacturing—is a technology for creating three dimensional objects from CAD files. Generally, 3DP works by fusing layer upon layer of materials, such as plastics or powder metals, to build a final, fully formed product. “Makers,” a segment of the 3DP community, are entrepreneurs, garage, and school lab innovators who practice 3DP. They are ordinary people using 3D printers to make things like working vinyl records, cases for cellphones, jewelry, art, and even 3D printers that can self-replicate. Makers are generally dedicated to open availability of the technology, and decide, collectively, whether and what intellectual property is appropriate in the 3DP world.

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Preissuance Submission: What, Who, When, and How

Author: Adriana L. Burgy
Editor: Jeffrey A. Berkowitz

What?

  • A third party, anonymously, may file any patents, published patent applications, or other printed publications of potential relevance to the examination of a patent application.
  • May be filed in any non-provisional utility, design, or plant application, and any continuing application.
  • Cannot be filed in a reissue application, a reexamination proceeding, or an issued patent.

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