Media Coverage
Source: Law360
Media Coverage
05.10.13
As of last September, a new America Invents Act procedure has allowed third parties to submit prior art for pending patent applications. While this has attracted hundreds of submissions, another system allowing patentees to supplement their issued patents has been little-used in comparison.
Bryan Collins, an IP partner in Pillsbury’s Northern Virginia office, said he has been reluctant to advise clients to send in third-party prior art under the pre-issuance submission program.
According to Collins, if a company wants to knock out a pending patent application that it is concerned about, sending their best piece of prior art to the patent office and hoping the examiner recognizes its importance based on a brief statement “seems like a really bad idea.” He added, “If that patent issues and they go after me, I want to have my best weapon.”