How does it work?

Immediately upon receipt of your email request to file a preissuance submission, we will provide a reply confirmation along with a docketing number.  Typically, we are able to provide same day service for filings received before 11:00 pm EST.

We will then review the Concise Description of Relevance (CDR) and accompanying Documents and if we discover any issues we will immediately contact you.

We will then file the preissuance submission at the USPTO.  For registered patent attorneys and agents, we will advance the filing fee for submissions including more than three Documents.

Once the submission is filed, we send a reporting email along with the Acknowledgement Receipt.  We also docket for receipt of the Notice of Compliant Submission from the USPTO.

Upon receipt of the Notice of Compliant Submission, we send a reporting email including the Notice and our invoice.


When may a preissuance submission be filed?

Under 35 U.S.C. 122(e), submissions may be made before (1) the later of (i) 6 months after the date of publication or (ii) the date of a first Office action on the merits rejecting any claims, or (2) before the date of a notice of allowance, if earlier.

If your proposed filing is ineligible per the above rule, thirdpartysubmission.com may provide other services for achieving entry of prior art to the record, please contact us for details.


Where may I find further guidance on the preparation of a preissuance submission?

https://www.uspto.gov/sites/default/files/documents/FAQ%20AIA%20Preissuance%20Submissions.pdf


How many preissuance submissions have been filed at the USPTO?

https://www.uspto.gov/sites/default/files/documents/3rd%20Party%20Submission%2002-15-2018.pdf

 

 

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