On Wednesday, 3 September 2014 at 05:33:22 UTC, Paolo Invernizzi
wrote:
On Tuesday, 2 September 2014 at 21:00:53 UTC, Nick Sabalausky
wrote:
On 9/2/2014 4:10 PM, Walter Bright wrote:
They said this is an "ex partae" thing, where until the
patent is
granted, I am not allowed to be part of the process. Only
after a patent
is granted can I file a prior art notice.
Bureaucratic scams at their finest... :/
I don't know if what they told you it's accurate...
http://www.uspto.gov/aia_implementation/faqs-preissuance-submissions.jsp
I'm going to ask to my consultant about that... it seems I
totally need some clarification... *sigh*
--
/Paolo Invernizzi
I phoned my consultant, and he told me that there are two
distinct things:
The first is related to perhaps the most important news coming
out from the AIA (America Invent Act), and it is the possibility
of attack someone else patent without having to go in front of a
judge, as in Europe can be done with an opposition via the EPO.
That procedures are called "post grant review" and "inter partes
review", and as in Europe are against granted patents.
The second is related to what in EU are called "third part
observations" and by the USPTO are called "Third Party Inquiries
and Correspondence in a Published Application". They are
informations about documents relevant to the exam process that
the examiner is performing. That filing can be done, as obvious,
after that the patent is published and before that the patent is
granted, exactly the same as in EU.
So it seems that informations about prior art can be posted to
the examiner also for not granted patent...
--
/Paolo Invernizzi
