An Assessment of the Impact of Pre-Issuance Submissions on the Patent Examination Process


Sarah Beth Kapelner, Joshua M. Palmer, Brianna Lynn Sheldon


United States Patent and Trademark Office


James Hanlan, David DiBiasio


October – December 2013

Project Outcomes

Final Report


The Pre-Issuance Submissions Program was implemented by the United States Patent and Trademark Office (USPTO) in 2012 in response to the America Invents Act under the provision that the public can submit documents relevant to patent applications under review. This project looked at the effectiveness of the Program and developed a list of recommendations of program improvements. We explored the Program from the viewpoint of the USPTO and of the public who could participate. We analyzed information collected from prior documentation, questionnaires distributed to examiners, interviews with USPTO employees and third parties, and a focus group of examiners. The conclusions we reached developed our recommendations how to improve the Program, helping the USPTO become a more efficient agency.