The Year The AIA's Post-Grant Processes Took Hold

Law360, New York (December 21, 2012, 1:23 PM EST) -- The year 2012 should be remembered as the year the America Invents Act really took hold at the patent office. The AIA, enacted on Sept. 16, 2011, provided a panoply of new procedures for challenging patents. On the one-year anniversary of the AIA’s enactment, Sept. 16, 2012, the patent bar was finally able to take advantage of two of these procedures.

One new procedure is inter partes review (“IPR”), which replaced the inter partes re-examination procedure. The second is “transitional post-grant review of covered business method...
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