The USPTO started allowing the public to submit prior art just last year. How will the public know if prior art that is submitted through the third party submission system was used to reject a patent application? Has any prior art submitted by the public been used?
3 Answers
As of December 5, 2012, the USPTO had received 3rd Party Submissions in 111 pending applications. I have listed these here:
APN 13057428 13145379 12829968 12940276 13036151 13409599 12832713 12914510 12940265 13367018 13403496 12793132 13133905 12027158 13146703 13284337 12901113 13276498 12949867 13030014 13061072 13238728 12911418 12987982 13308698 13465789 13270518 12708697 12980609 13198108 13205610 13370103 13330442 13331182 13331192 13027232 13370480 13458626 12896664 13072724 13212266 13214397 13331786 13062414 13444511 13460635 11946818 12890208 12890259 13061068 13062106 13316963 13325149 12882610 13143163 13193319 12908761 13129175 13281126 13179249 13328621 12946772 13052381 13401848 13039184 13280490 13354282 13354286 12950669 13043011 13052666 13214230 12731825 13101072 13280914 13280932 12899731 13280536 13331998 13354244 13354284 13354290 12899972 13280843 13413451 13536353 13196835 12856888 13092606 13305290 13064390 13281615 13487297 11883950 13486014 13016460 13126818 13161311 13208672 13273864 13160297 12726539 13024072 13069446 13265786 13319070 13551246 12917202 13376021 12895942 13493787
Paul Morgan has a good article posted here on this subject:
http://www.patentlyo.com/patent/2012/01/guest-post-should-you-submit-third-party-prior-art.html
If the prior art is used to reject a patent application, it will appear in the prosecution history. If an Office Action contains a rejection relying on that prior art, that prior art will be listed as cited art and discussed in the body of the Office Action. You can access on-line prosecution histories and filed documents for pending patent applications through public PAIR:
Denis Crouch put together a nice list of the 111 pending applications for which the USPTO had received 3rd party submissions as of Dec, 2012.
I was curious as to:
- The subject of the pending applications which had stimulated 3rd party submission to the USPTO; and
- The assignee of these applications
The top three applicants were Lockheed Martin (5 applications), Valens Semiconductor (5 applications) and Ineos Bio (5 applications). Very few if any of the applications were related to software. Software is a technology area where StackOverflow can help a lot by soliciting, organizing and submitting third party prior art to the USPTO. The market doesn't seem to be doing this on its own yet.
Here is the list of pending applications, the assignees, the titles and the abstracts. (Abstracts truncated to fit StackExchange).
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US20110165231A1 SCIOTEC DIAGNOSTIC TECHNOLOGIES GMBH Treatment of Fructose Malabsorption The present invention relates to
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answered Feb 1, 2013 at 1:13
