One provision in the America Invents Act enables a third party to submit to the U.S. Patent Office prior art patent references and publications relevant to a published application. This can be done in for up to six months from publication, before the first Office Action, or notice of allowance, the latter of the three. The party submitting the information must point out the relevance of the patent references and publications.  A party may submit up to three references without cost.  After that, the cost is $180 for ten.

We hear a lot these days about cost cutting and austerity.  I also hear a bit of grousing from time to time from people who use IP legal services about costs.  I believe inventors and companies can find reasonably priced intellectual property law services when the potential client does her homework.

There may be times when deciding not to seek patent protection is appropriate, and will likely provide you with a stronger competitive advantage.  To help you decide whether seeking patent protection on your latest development is worthwhile, consider the following.