35 U.S.C. § 122(e) · 37 CFR 1.290 · America Invents Act

Prevent a Patent
Before It Issues

A Third-Party Preissuance Submission (3PPS) is a statutory mechanism that allows any member of the public to place prior art directly in front of a USPTO examiner — before a patent is granted. The window is brittle: it can close without warning. Check it first, then learn the rules.

§ 122(e) Window Check

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Governing Regulation
37 CFR 1.290

"The submission must be made in writing, and must identify the application to which it is directed, and must be filed before the date a notice of allowance under § 1.311 is mailed."

Free First-time filers
up to 3 items
$195 Per 10 items after —
$78 small entity
Brittle Filing window —
closes on NOA
Silent Your role ends
after filing

Guides & Tools

Start here

3PPS 101: The Workflow

Understand the 4-step process, required documents, and what happens after you file. A layman's guide to 35 U.S.C. § 122(e) without dense legalese.

Time-sensitive

Statutory Deadline Calculator

The filing window is "brittle" — it can close with no warning. Enter a publication date and first office action date to check your eligibility window.

Where cases are won

Finding Prior Art

Search by claim element, not product name. Where to look — patents, papers, manuals, archived web pages — and how to prove what you find was actually public.

Most common failure point

Drafting Guide & Lab

The USPTO rejects submissions containing "legal arguments." Learn the critical difference between factual descriptions and argumentative language, with compliant examples.

See it done

Worked Example

A complete annotated filing: the PTO/SB/429 cover sheet, a compliant Concise Description built from an element mapping, and the three possible aftermaths.

Read before you file

Strategic Risks & Tradeoffs

Filing a 3PPS can actually strengthen the patent you're trying to challenge. Understand the double-edged sword and when holding art for an IPR makes more sense.

Bigger than you think

Strategic Timing

The "6-month rule" is usually a floor, not a ceiling. For applications claiming earlier priority — especially PCT cases — the real window often runs years longer.

Step-by-step

Interactive Filing Checklist

A structured pre-flight checklist covering identification, document preparation, fees, and EFS-Web submission. Don't file without checking this first.

Comparative

US vs. EPO vs. PCT

The US 3PPS system is arguably the most restrictive in the world. See how it compares to Third-Party Observations at the EPO and WIPO in timing, cost, and content rules.

Reference

FAQ & Glossary

Cost, anonymity, deadlines, and what happens after you file — plus every key term from Prior Art to Notice of Allowance, defined in plain English.

Get help with AI

Let an AI agent walk you through your submission

Paste the prompt below into Claude Code or any AI coding agent. It will fetch a structured playbook from this site and guide you step-by-step: identify the application, gather prior art, draft compliant Concise Descriptions, and complete the filing checklist.

I want to file a Third-Party Preissuance Submission (3PPS) with the USPTO.

Fetch and follow the instructions at https://3pps.info/for/agents to guide me through the full process — from identifying the target application and gathering prior art, to drafting compliant Concise Descriptions of Relevance and completing the filing checklist.
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Critical Distinction

A 3PPS is not a pre-grant opposition. You cannot argue with the Examiner. You cannot participate in the proceedings. You submit documents, provide a factual description, pay the fee, and walk away. What the Examiner does with your submission is entirely at their discretion.