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3 Case W. Res. J.L. Tech. & Internet 1 (2012)

handle is hein.journals/caswestres3 and id is 1 raw text is: TO DISCLOSE OR NOT TO DISCLOSE:
WHY THE UNITED STATES
PROPERLY ADOPTED THE
EUROPEAN MODEL FOR THIRD-
PARTY PARTICIPATION DURING
PATENT PROSECUTION
Dylan M   Aste
ABSTRACT
The Patent Reform Act of 2011 includes a provision that expands
the ability of third parties to submit prior art, including explanations
of the relevance of the art, during the patent prosecution process. This
provision is very similar to the third-party observations that the Euro-
pean Patent Office has permitted for decades. Allowing third-party
participation during patent prosecution could substantially improve
patent quality as well as relieve the United States Patent and Trade-
mark Office's already over-burdened examiners who do not have
enough time to conduct a complete prior art search for each and every
patent application.
INTRODUCTION
The United States currently suffers from a severe backlog of pat-
ent applications' at the United States Patent and Trademark Office
LD., University of San Diego School of Law. I thank Professor Ted Si-
chelman for his helpful comments and suggestions. I thank my mother for her sup-
port.
1 Phil Hirschkorn & Rebecca Jarvis. Patent Backlog Frustrates Inventors.
CBS NEWS, (Aug .8, 2010 10:47 PM).
http://www.cbsnews.com/stories/2010/08/08/eveningnews/main6755116.shtml (The
'in box' at the U.S. Patent and Trademark Office is stuffed with 700,000 applications
awaiting review.).

1

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