TC's inside IP - Winter 2013: The AIA: Reviewing the First Year of Inter Partes Review


September 16, 2013, marked the one-year anniversary of the implementation of the America Invents Act, and with it, the introduction of an important tool for challenging the validity of an issued patent at the U.S. Patent and Trademark Office – Inter Partes Review (IPR). IPR has replaced inter partes reexaminations. In contrast, inter partes reexaminations were applicable only to patents issued from an original application filed on or after November 29, 1999; IPR is available for all patents.

The IPR procedure has altered the dynamics of patent litigation by adding a trial-like invalidity proceeding before the Patent and Trial Appeal Board (PTAB). The proceeding is designed to be simple, streamlined, on a controlled timeline, and is intended to serve as an alternative to patent litigation on questioning a patent’s validity.

Please see full alert below for more information.

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Topics:  America Invents Act, Claim Construction, First-to-File, First-to-Invent, Inter Partes Review Proceedings, Patent Reform, Patent Trial and Appeal Board, Patents

Published In: Civil Procedure 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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