Third parties can now submit observations as to the
patentability of pending international (PCT) patent applications.
In new provisions introduced on 1st July 2012, companies and their
advisors can now file prior art and arguments which may make it
more difficult for a competitor to obtain a patent. In addition,
the applicant of an international application can also submit
observations, perhaps to counter to third party observations. The
International Bureau (IB) will open any observations to public
inspection and also communicate them to the applicant and to the
Patent Offices dealing with the application.
Background
Some Patent Offices have long allowed the public an opportunity
to submit prior art and comments on the patentability of a patent
application (so-called third party observations) with the aim of
improving the quality of granted patents. Provisions for making
third party observations are, for example, well established before
the UK Intellectual
