Patent Owners’ Options After Claims Are Cancelled in AIA Post-Grant Proceedings

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The America Invents Act (AIA) instituted sweeping changes in U.S. patent law, including creating new proceedings for third parties to challenge an issued patent before the Patent Trial and Appeal Board (PTAB). These new proceedings - inter partes review (IPR), post-grant review (PGR) and covered business method (CBM) review - became available on Sept. 16, 2012, and have been frequently and successfully used to invalidate patent claims.

Originally published in Bloomberg BNA’s Patent, Trademark & Copyright Journal® - December 23, 2016.

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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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