What’s more, the board will issue its decision 18-24 months after a petition is filed — which is significantly faster than previous processes at the USPTO.
Mind you – I have not heard of these being done before (bombarding listed inventors and their agents with prior art, forcing them to have to disclose it), but I think it’s a great idea.Patents: here’s an interesting technique I heard recently.(credit: I’m not sure who told me about it, but I think it may have come from or via John Levine.) If you become aware of a patent application (note: not an issued patent!That means the inventor as well as the law firm representing them.You should include a cover letter that you saw their application (give details), and that you believe that what you are sending them is prior art, and that now that they have it, they are obligated to report it to the PTO. Probably, anything sent should be sent with some sort of delivery confirmation, and to make sure that the sending of the prior art is of public record, create a Web site where all sent art is listed, along with destination and confirmation information.One caution – if you send too much, you over inundate the examiner, and then really good art could get overlooked during examination.Separately, please keep in mind that the claims in a published application have probably not yet even been seen by the examiner at the PTO.Anyone who cares about this patent will surely order up a copy of the application file from the Patent Office, and will come into possession of whatever you sent. Go to and plug in the serial number (for the desired patent).How do you deal with a patent that may cover a product or service that you plan to make, use, sell, or import?Post-grant proceedings are still relatively new, but statistics suggest that they are effective at weeding out bad patents.According to Cooley’s PTAB Digest database, which contains information about every review ever filed, the USPTO has invalidated some or all challenged patent claims in 86% of cases.