The major provision of the Act that has significant impact for financial institutions is Section 18, which creates a post-grant review procedure within the United States Patent and Trademark Office (“USPTO”) for certain business method patents, known as “Transitional Review.” The Transitional Review is intended for “post-grant” review of patents, which means it provides a tool for banks that have been sued in a patent infringement lawsuit to challenge the patent alleged by the plaintiff to have been infringed.
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