USPTO Issues Final Rules: Supplemental Examination, Inter Partes Transition Rules, and Post-Grant Proceedings

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Abstract: On August 14, 2012, the U.S. Patent and Trademark Office (USPTO) issued rules implementing provisions of the Leahy-Smith America Invents Act (AIA) relating to supplemental examination and post-grant proceedings (inter partes review, post-grant review, and transitional program for covered business method patents) effective September 16, 2012. As of that date inter partes review will replace inter partes reexaminations. After passage of the AIA, the USPTO issued final rules relating to changing the standard of inter partes reexaminations effective September 16, 2011 for the transitional period until the implementation of inter partes review.

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