Coordinating Patent Strategies Across PTAB And EPO

Law360 (January 3, 2019, 3:32 PM EST) -- Of all the changes introduced by the America Invents Act, arguably the most impactful, from a procedural standpoint, has been the introduction of new post-grant proceedings. Inter partes reviews, post-grant reviews and covered business methods reviews have changed the landscape of enforcing patents and defending against infringement.

While some aspects of the post-grant proceedings remain controversial, these proceedings, as well as ex parte re-examinations, are faster and far less costly than traditional litigation. Because of this, the use of post-grant proceedings is likely to continue, and patent strategies will increasingly employ, or account for, these proceedings.

But when employing or accounting...

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