What To Consider Before Using Inter Partes Review

Law360, New York (March 22, 2013, 12:29 PM EDT) -- The America Invents Act created four new post-grant trial-like procedures for challenging patent validity in the United States Patent and Trademark Office. These new patent validity challenge procedures are similar in some respects to district court litigation, but they all have their own substantive and procedural requirements under the AIA and rules adopted by the patent office. On Sept. 16, 2012, two of these procedures, inter partes review (IPR)[1] and covered business method patent review (CBMR)[2], became available to parties charged with or in litigation. Post-grant...
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