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There's a patent application close to issuance for an "invention" we have significant pieces of prior art for, but the time allowed for third party submissions under 35 U.S.C. 122(e) has passed.

MPEP 2202 and 2204 seem to say anyone can submit prior art at anytime, but I guess this only for already issued patents.

Another option seems to be sending the prior art to the applicant, as they are under a duty to disclose 37 CFR 1.56.

Are there any other alternatives/options? Thanks so much.

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  • What about just reaching out to the patent examiner reviewing the pending application, sending them the prior art and letting them know? Has anyone ever heard of such a thing?
    – sdot
    Commented Aug 8, 2016 at 22:40

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Only preissuance submittance of prior art I've heard outside of the 6-month third party prior art window, is an attorney for a third party just calling up the examiner: http://patentlyo.com/patent/2011/04/third-party-attempts-to-protest-or-otherwise-oppose-the-grant-of-a-published-application.html

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