What is the role of anonymity in preissuance submissions?

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In the context of preissuance submissions to the USPTO, the role of anonymity primarily pertains to the real party in interest. According to the relevant USPTO regulations, a submitter may choose to remain anonymous, but only if that individual is the real party in interest submitting the evidence or information intended to be considered before the patent is issued.

This provision allows the submitter to protect their identity while still fulfilling the obligation to inform the patent office about potentially relevant prior art or information. This anonymity provides a level of discretion and could encourage more individuals to participate in the process, as they may be concerned about the potential impact of their identity becoming known, especially in competitive industries.

The notion of anonymity does not extend to others involved in the process, such as the specific parties to a potential patent infringement suit. The patent policies are designed to maintain transparency about the patent examination process, thus limiting the scope of anonymity. Only the actual submitter can opt for anonymity while ensuring that the interests of patent examination are upheld. This differentiation is why the answer focusing on the real party in interest being able to remain anonymous is correct.

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