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Perspective

Oct. 2, 2012

High hopes for third party patent review process

A similar procedure was available to third parties prior to passage of the AIA, though it was rarely used due to a lack of anonymity in the process. By Paul A. Smith of Fenwick & West LLP


By Paul A. Smith


The America Invents Act (AIA) has created a process for third parties to submit relevant documents (or "art") to the Patent Office for review during the examination of a patent application , or to add art to the record of an abandoned application. While a similar procedure was available to third parties prior to passage of the AIA, it was not used extensively for two reasons: the submissions were not anonymous and the submitting party w...

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