Since September 16, 2012, inter partes review (IPR) and covered business method (CBM) review have been available as proceedings to challenge the validity of patents before the PTO. This article looks at how the Patent Trial and Appeal Board (PTAB) is treating patents that have been challenged through IPR and CBM review, specifically based on the patent's issue date. We have used a patent analytics database called PatentBoardFerret.com developed by the author, Trent Ostler, a patent attorney at Venable. Patent Board Ferret imports all of the Board's decisions and associated patent data, and includes analysis and additional data associated with the patent application for accessing the massive amount of PTAB-related data, including post-AIA procedures such as IPRs and CBMs.
The PTO has long sought to balance allowing applications that deserve a patent and preventing those that do not, without making it too difficult on the patent-worthy applicant. The IPR and CBM review procedures were designed to allow challenges to patents that should never have been allowed.
Please see full article below for more information.
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Topics: America Invents Act, Covered Business Method Patents, Patent Litigation, Patent Reform, Patent Trial and Appeal Board, Patents, USPTO
Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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