Third-Party Infringement

KramerAmado seeks to ensure that its client's Intellectual Property interests are protected before any patent litigation takes place. For this reason, KramerAmado practices the full range of options available to give the USPTO the best information available to promote the issuance of high quality patents. Under the America Invents Act (AIA), third parties may now submit relevant prior art to the USPTO while a competitor’s patent application is still pending, may challenge a granted patent in a limited time period under almost any aspect of patentability, and may request re-examination of an issued patent before litigation or in parallel to litigation.

Third parties may now submit relevant prior art documents and a concise description thereof to the USPTO with regard to any published application within six (6) months after publication or prior to the first substantive office action, whichever is later. KramerAmado uses its patent research, prosecution, and opinion expertise to identify claim-limiting prior art and prepare directly applicable descriptions to maximize the effectiveness of such filings thereby preventing unpatentable claims from being granted. Third-party submissions filed by KramerAmado have been followed by rejections by the USPTO or abandonment of the application at issue.

Third-party submissions are an even more effective tool when coupled with Patent Monitoring of the relevant technology fields for competitor filings. Due to the time limit for filing a third-party submission, Patent Monitoring provides the competitive intelligence needed to identify over-broad patent applications, identify claim-limiting prior art, and preparing the third-party submission, all before expiration of the six (6) month deadline or first filing deadline.