Third-Party Submission of Information During Patent Prosecution

August 15th, 2008

As an agency within the Department of Commerce, the United States Patent and Trademark Office conducts ex parte examinations of patent applications and issues patents after applicants satisfy the statutory requirements for patent protection. Because the patent prosecution process is ex parte, third-parties may not generally interfere with an applicant’s attempt to secure patent protection by submitting information allegedly materiality to patentability during patent prosecution. Rule 99 submission and protests, however, are two notable exception to this general rule of no third party interference.

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