Another key patent reform is the opportunity for third parties to submit prior art for consider

Another key patent reform is the opportunity for third parties to submit prior art for consideration during patent prosecution. Effective one year from the bill’s enactment, it also retroactively will apply to still-pending patent applications. This option allows third parties to disclose references to the patent examiner along with statements of relevance, which currently are not permitted. Submissions may be kept confidential, and must be made prior to the issuance of a Notice of Allowance, a first Office Action rejecting a claim, or six months from the date of publication, whichever comes first. Third-party prior art submission is useful because it will assist examiners in determining which patent applications are worthy of grant. As with post-grant opposition review, the intended result is higher-quality patents that are less likely to be challenged further down the patent pipeline. While all medtech companies will enjoy these benefits, larger companies with more resources to engage in this process and monitor their competitors’ pending patent applications will again find greater use of this provision.