Intellectual Property Newsletter - September/October 2015

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PTAB Update on Inter Partes Review -

On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and announcing a set of potential changes to those proceedings go-ing forward. Those involved in or considering inter partes review proceedings should take note of these significant changes that are now on the horizon at the PTAB.

Inter Partes Review: By the Numbers -

The Director’s blog post confirms that, since be-coming available in 2012, post-grant review proceedings – particularly inter partes reviews – have become very popular among those seeking to challenge the validity of a patent. The PTAB re-ports that it has received a total of 3,655 post-grant review petitions, the vast majority of which (90%) are petitions for inter partes review.1 The Director noted that this “reflect[s] around three times more than what we initially anticipated.” Thus far, the PTAB has kept pace with the filings, maintaining a perfect record of issuing timely final decisions with-in the mandated period of one year from institution.

Please see full publication below for more information.

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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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