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New Patent and Trademark Office Prosecution Procedures and Mechanisms for Patent Holders and Patent Challengers

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The America Invents Act (AIA) – signed into law on September 16, 2011 – introduced significant changes to U.S. patent law, including changes to patent litigation rules and U.S. Patent and Trademark Office (USPTO) procedures. Some of the changes, particularly those related to patent litigation (such as limitations on joinder of defendants, the elimination of the best mode invalidity defense, an expansion of the prior use defense, and provisions regarding proof of willful and induced infringement), went into effect immediately.

September 16, 2012 marked the one year anniversary of the AIA and the implementation of additional aspects of the Act, including significant changes to procedures within the USPTO. Several highlights of those changes, which provide new prosecution procedures as well as new mechanisms for both patent owners and patent challengers, are summarized below.

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Published In: Administrative Law Updates, Intellectual Property 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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