Earliest Possible Third Party Participation:   Pre-examination pre‑issuance third party participation in Post Grant Review proceedings is a featured proposal in this updated revision of the previously circulated paper.  See § VII, Pre-Examination Preissuance Submissions (page 73). The revised version is attached to the pdf version of this note.

Whither Oil States:  A pre-examination preissuance submission is proposed  for the situation whether or not the Constitutional challenge at the Supreme Court concerning post grant procedures in the Oil States case is successful or not.  While the proposed pre-examination preissuance submission is suggested, here, as a statutory change, a rulemaking change would probably also be viable.
If Oil States finds the Current System Unconstitutional:  A suggestion for statutory reform in the event of a Supreme Court decision striking down post grant review procedures is found at p. 107 n.89.
Regards,
Hal
 

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