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AIA preissuance submission process may prove risky and costly

Alli Pyrah, New York

Corporate rivals seeking to thwart competitors’ patent applications under the USPTO’s new preissuance submission rules may inadvertently strengthen those that survive the extra scrutiny, lawyers say.

The new rules, authorised by the America Invents Act, introduce an opposition process which allows third parties to make a case against a patent being granted. They become effective on September 16 and will apply to any patent application filed...

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