How AIA's Review Proceedings Will Affect Litigation

Law360, New York (March 7, 2012, 1:26 PM EST) -- With the America Invents Act, Congress created two new review proceedings for third parties to challenge the patentability of issued patents. Essentially, these review proceedings are de novo, inter partes appeals of ex parte re-examination. They are considered the “Goldilocks” of challenges to U.S. patents — they are expected to be more involved than re-examinations in the U.S. Patent and Trademark Office, yet less involved (and less expensive) than actions in U.S. district court.

On Feb. 9 and 10, the Federal Register published the USPTO’s proposed...
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