Lessons From The 1st Year Of Post-Grant Proceedings

Law360, New York (November 6, 2013, 2:59 PM EST) -- A little over one year ago, the America Invents Act implemented new methods for third parties to challenge the validity of issued patents by having a contested validity trial in the U.S. Patent and Trademark Office. Specifically, the AIA replaced inter partes re-examinations with inter partes reviews (IPR) and added a new proceeding called the post-grant review (PGR). Another new tool is the covered business method review (CBM), which provides a separate means to address the validity of business method patents.

With the implementation of these new post-grant validity trial proceedings, the U.S. patent litigation system has evolved more toward the...

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