Patent Litigation Strategy: The Impact of the America Invents Act and the New Post-grant Patent Procedures | Practical Law

Patent Litigation Strategy: The Impact of the America Invents Act and the New Post-grant Patent Procedures | Practical Law

This Article discusses litigation strategy in view of the new post-grant patent procedures created by the Leahy-Smith America Invents Act (AIA). The AIA provides for post-grant review by the Patent Trial and Appeal Board (PTAB), inter partes review, transitional post-grant review and supplemental examination. These newly created procedures allow third parties to challenge patents and patent owners to strengthen their portfolios. The US Patent and Trademark Office (USPTO) will issue regulations detailing these procedures throughout 2012.

Patent Litigation Strategy: The Impact of the America Invents Act and the New Post-grant Patent Procedures

by Eric S. Walters and Colette R. Verkuil, Morrison & Foerster LLP
Law stated as of 27 Jan 2012 • USA (National/Federal)
This Article discusses litigation strategy in view of the new post-grant patent procedures created by the Leahy-Smith America Invents Act (AIA). The AIA provides for post-grant review by the Patent Trial and Appeal Board (PTAB), inter partes review, transitional post-grant review and supplemental examination. These newly created procedures allow third parties to challenge patents and patent owners to strengthen their portfolios. The US Patent and Trademark Office (USPTO) will issue regulations detailing these procedures throughout 2012.