obvIPat - Obviously Patentable

The blog for inventors, in-house counsel, & entrepreneurs.

Posts Tagged ‘post-grant review’

A Balanced View of Post-Grant Review

by Orlando Lopez

A large portion of the rules needed to implement the America Invents Act (AIA) will go into effect on September 16, 2012.  The rules for post-grant review, although effective September 16, 2012, will not actually be applicable until March 16, 2013.  As these deadlines are approaching, we present in this and a following post, some thoughts and views on the post-grant review and the expansion of the references available for denying a grant of a patent under the US first-to-file system.  These thoughts were presented at the Navy Intellectual Property Seminar and the Hispanic National Bar Association annual convention earlier this year.

The patent reform bill, which became the America Invents Act, had a gestation period longer than any animal, but even in the early incarnations, a post-grant review was included.  Almost all other patent systems have some form of post-grant review, such as the European opposition.  The stated purpose of Congress in adding this to our patent system was to provide an alternative to patent litigation and to improve the quality of patents; however, as stated in the last committee report, there was also a concern that harassment of the patent owner should be prevented.  Our version of post-grant review is shaped by these ideas. Read the rest of this entry »