USPTO Now Allows Third Parties to Participate in Pending Patent Applications

On September 16, 2012, the U.S. Patent and Trademark Office implemented 35 U.S.C. 122(e) of the Leahy-Smith America Invents Act (AIA).  This new provision may have significant potential in improving the quality of the U.S. patent law process, as it allows third parties to submit proposed prior art for consideration in a pending patent application. This provision may help “level the playing field” between patent seekers and adverse third parties, as the patent prosecution process previously followed an ex parte model, with no opportunity for a third party to challenge a pending patent application.  To read more analysis of the provision, see http://www.ag-ip-news.com/news.aspx?id=28436&lang=en and http://www.patentlyo.com/patent/2012/09/pre-issuance-submissions.html.