Advantages Of Challenging USPTO Decisions In The EDVA
May 3, 2013, 6:31 PM EDT
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...