Starting An AIA Post-Grant Proceeding

Law360, New York (August 17, 2012, 1:51 PM EDT) -- The Leahy Smith America Invents Act[1] (AIA), in part, substantially overhauls post-grant proceedings in an effort to realize U.S. Congress’ original intention that post-grant proceedings serve as an effective and efficient alternative to district court litigation.[2]

One important consideration that should be weighed when a third party is trying to decide which post-grant proceeding to use, particularly if the only issues to be raised are based on prior art, is the threshold standard that must be met by the requester (or petitioner).

For ex parte reexamination,...
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