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The Intellectual Property StrategistKickerFeaturesTopicsTechnology Media and TelecomSectionsNewsLJN Newsletters

Preissuance Submission Strategies for Patent Prosecution and Litigation

By James W. Soong and Sabir Ibrahim
December 21, 2012

Under the Leahy-Smith America Invents Act (“AIA”), several new mechanisms allow third parties to challenge patent applications and patents. Among these is a new preissuance submission procedure by which members of the general public may submit prior art believed to be relevant to a pending patent application. The new procedure replaces and supplements procedures that have been seldom used to challenge patent applications. The new procedure, which became effective on Sept. 16, 2012, poses significant implications for both patent prosecution and litigation strategies.

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