Invalidating a patent claim
At first glance, preissuance submissions and protests may appear to be a good option.After all, if you can prevent issuance of a patent, then why not.
A patent in itself cannot be the proof for the utility of any product.
Eating beef is a sin and drinking cow’s urine or eating its dung brings health, if these self-styled guardians of ancient Indian tradition are to be believed.
What about the much touted patents for cow’s urine?
The least favorable option but the only option if you cannot litigate or pursue a post grant or inter-partes review is to file a preissuance submission or protest.
This may be your only opportunity to prevent issuance of a patent that poses a threat to your business.
The downside to the post grant and inter-partes review is that the petitioner is estopped from making the same arguments or any arguments that the petitioner could have made during the post grant review or inter-partes review during trial.