Can I submit prior art against a competitor's pending patent application?

What can be submitted?

Under 35 U.S.C. 122(e), the submission may identify patents, published patent applications, or other printed publications of potential relevance to examination. It must include a concise description of each document's relevance and satisfy the other statutory and regulatory requirements. The USPTO's instructions explain formatting, fees, and the required statement.

What is the deadline?

The submission must be made before the earlier of two events: the notice of allowance, or the later of six months after the application's first publication and the first rejection of any claim on the merits. Check the application docket carefully. Waiting until the six-month date can be too late if a notice of allowance has already issued.

What does the procedure not do?

The USPTO does not accept a section 122(e) submission in an issued patent, reissue application, or reexamination proceeding. Do not assume a submission gives the third party control of examination or decides infringement. Gather the publication, relevant passages, and application history before evaluating whether this procedure fits.