Third-party public comments refer to any person other than the applicant for a patent for invention who helps the examiners of the patent authority and the public to obtain more information by providing reference documents related to the patent application before the patent application is granted. Most of the prior art documents related to the patent application are used for reference during the review process, so as to achieve the purpose of public review and improve the quality of patents. Third-party public comments provide the possibility to challenge patentability before patent grant.
For enterprises, it is a simple, effective and very low-cost way to prevent competitors from obtaining granted by monitoring the status of competitors' patent applications and submitting third-party public opinions to the patent authority.
There are only a few countries in the world that have set up very little official fees for third-party public opinions, and the public does not need to prepare detailed reasons for invalidation, and most countries can submit public opinions anonymously without providing any personal information. By sending it to the Intellectual Property Office, the submission of the third-party public opinion has been completed, which can effectively avoid direct conflicts with competitors.
- Check the status of patent applications: perform a patent search on INAPI's official website: INAPI - Consulta de Patentes
- Timing of submission: within 45 days after publication of the patent application
- Filing Language: Spanish
- Submission method: paper form (by mail)
- Requester: any interested party