Inter Partes Review: Tips For The Patent Holder

Law360, New York (May 24, 2013, 11:13 AM EDT) -- The America Invents Act created two new post-grant procedures for challenging patents before the U.S. Patent and Trademark Office. The first, post-grant review, opens newly issued patents to third-party challenge on any invalidity ground that is a defense to patent infringement. PGR is only available for patents having an effective filing date on or after March 16, 2013, plus a small class of covered business method patents alleged to be infringed. Consequently, PGR procedures will be rare until sometime in 2014 or 2015 when post-AIA patents...
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