Third-Party Challenges to an Issued Patent Before the USPTO: The America Invents Act
The America Invents Act was signed into law on September 16, 2011 and created several new post-issuance “review” procedures by which a third party can challenge the validity of a patent in an adjudicative proceeding before the PTO. While many of the procedures of post-grant review are similar to current “reexamination” procedures, a better understanding of the review procedures will emerge when the PTO provides the corresponding rules in the Code of Federal Regulations (CFR). The PTO has stated that the final rules will issue around June of 2012. Haynes and Boone attorneys have been active participants in the rule-making process, including providing comments to the PTO on behalf of our clients.
The PDF linked below outlines critical information regarding the procedures for ex parte reexamination, inter partes reexamination, inter partes review, post-grant review, and transitional post-grant review for business method patents.