The America Invents Act (AIA), which has replaced the long held “first to invent” system with “first inventor to file” system, allows challenging a patent application at various stages before it is granted. With pre-grant submissions coming into effect, it is time to “watch”, before deciding upon whether to take steps or to “wait”. Under the new law, third parties will be able to intervene and request post grant review, within 9 months of issuance and inter-partes review, after nine months of issuance.
The applicant needs to be engaged in a more competitive patent search for patent applications to survive AIA review procedures.
We at TTC, conduct the best in place prior art searches to uncover relevant citations. We further provide solutions to optimally create monitoring programs that have become essential with the changes brought in by AIA.
Pre- Issuance Submissions have expanded the opportunities for opponent to attack the newly published patent applications with relevant prior arts. An extensive Patentability or State of the Art Search is now essential to consider whether an invention is patentable or not.
We provide a platform for preparation of pre-issuance submissions ready to submit to the USPTO. These include:
Effective prior art searches to uncover relevant citations.
A concise description of the asserted relevance of each submitted document.
English translation of foreign language documents.
We can timely file pre-issuance submissions on your behalf, as a confidential third party association. No risk of willful infringement.
Effective patent watch services to monitor patent publications for potential third party submissions related to a client-indicated assignee or technology area.
The new reforms have broadened the scope of prior art for challenging patents. The validity of a patent can be challenged through Post grant or Inter partes review. Invalidation searches at the right time can help uncover useful prior art references.
Comprehensive prior art search on patent databases covering more than 72 jurisdictions along with an extensive non patent literature search. In-house native searchers to conduct searches in English, Mandarin (simplified and traditional), French, Korean, German and Japanese languages.
Monitor Competitors’ Published Applications and Issued Patents
Claim Chart Generator tool – Available on XLPAT Labs
With AIA coming into effect, companies that actively track, analyze and monitor patents will have a huge competitive advantage in their specified technological area of interest. Our alert service brings PAIR tracking i.e. examination of the prosecution history of desired patent applications to your fingertips.
Timely updates about the status of a patent application (various office actions, date of first publication, claim amendments etc.) in real time, so that you don’t miss out on any key feature and can effectively file pre-issuance submissions.
Option for both free and paid alerts – Available at XLPAT Labs