Leahy-Smith America Invents Act, Section 8. Preissuance submissions by third parties.
This document contains Section 8 of the Leahy-Smith America Invents Act
SEC. 8. PREISSUANCE SUBMISSIONS BY THIRD PARTIES.
(a) IN GENERAL.--Section 122 of title 35, United States Code, is amended by adding at the end the following:
“(e) PREISSUANCE SUBMISSIONS BY THIRD PARTIES.--
“(1) IN GENERAL.--Any third party may submit for consideration and inclusion in the record of a patent application, any patent, published patent application, or other printed publication of potential relevance to the examination of the application, if such submission is made in writing before the earlier of--
“(A) the date a notice of allowance under section 151 is given or mailed in the application for patent; or
“(B) THE LATER OF.--
“(i) 6 months after the date on which the application for patent is first published under section 122 by the Office, or
“(ii) the date of the first rejection under section 132 of any claim by the examiner during the examination of the application for patent.
“(2) OTHER REQUIREMENTS.--Any submission under paragraph (1) shall--
“(A) set forth a concise description of the asserted relevance of each submitted document;
“(B) be accompanied by such fee as the Director may prescribe; and
“(C) include a statement by the person making such submission affirming that the submission was made in compliance with this section.”.
(b) EFFECTIVE DATE.--The amendments made by this section shall take effect upon the expiration of the 1–year period beginning on the date of the enactment of this Act and shall apply to any patent application filed before, on, or after that effective date.