Preissuance Submission

Definition

A preissuance submission lets a third party send relevant prior art to the USPTO while an application is still pending, potentially leading the examiner to reject claims.

Why It Matters Legally

Preissuance submissions let competitors influence examination before a patent grants, a cheaper alternative to challenging it later. They can narrow or block troublesome claims early.

Example Use Case

A company aware of a competitor’s pending application submits key prior art to the examiner, who then rejects the broadest claims.

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Related Terms

Prior Art, Examiner, Patent Prosecution, Inter Partes Review, Post-Grant Review