Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Lessons From The 1st Year Of Post-Grant Proceedings

Law360, New York (November 06, 2013, 2:59 PM ET)
Author(s): Michael J. Kasdan and Adil Ahsanuddin

Law360, New York (November 06, 2013, 2:59 PM ET) -- 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.


 
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