Advantages Of Challenging USPTO Decisions In The EDVA

Law360, New York (May 3, 2013, 6:31 PM EDT) -- The America Invents Act, enacted Sept. 16, 2011. makes the U.S. District Court for the Eastern District of Virginia (“EDVA”) a primary trial court for challenging decisions of the U.S. Patent and Trademark Patent Office. Under the AIA, the following will all now be litigated in the EDVA:

(1) adverse decisions of the USPTO on patentability under 35 U.S.C. § 145,

(2) adverse decisions of the USPTO in derivation proceedings under 35 U.S.C. § 146,

(3) decisions of the USPTO on patent term adjustments under 35...
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