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post-issuance (In some jurisdictions, there are opportunities for third parties to bring an opposition proceeding between grant and issuance, or post-issuance. WAD Alexander Demidov); post-grant proceeding (Inter partes post-grant review would allow third parties to challenge recently issued patents within the Office and give parties threatened with ... Whether you are a patent holder or an accused infringer, over the past decade the role of third party and post-issuance practice before the U.S. Patent and Trademark Office has grown significantly. Reissue and reexamination practices have been used by patent holders to strengthen patents. In addition, Ex Parte and Inter Partes Reexaminations have provided a vehicle for accused infringers to challenge patent validity, and also to seek stay of concurrent litigation. With the advent of the America Invents Act in September 2011, the role of post-issuance and third party proceedings becomes even more important. A number of new post-issuance proceedings, including Post-Grant Review, Inter Partes Review, Transitional Post-Grant Review for Covered Business Methods, and Supplemental Examination will all be available procedures as of September 2012. Alexander Demidov) |
