Washington Post on patent reform
The bill also would increase protections for those with legitimate gripes. Third parties, currently shut out of the process, would be given clear rules and time limits to challenge patents that have not yet been approved. They'd also have a chance to lodge objections after a patent has been granted; the U.S. Patent and Trademark Office (PTO) would resolve these disputes. This safety valve should reduce the litigation costs associated with court challenges.
IPBiz notes Rule 99 allows third parties to present relevant art to the USPTO during prosecution. Third parties are NOT currently shut out of the process.
IPBiz notes we currently have re-exams to challenge issued patents based on art.
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