Post-Grant Proceedings Before the Patent Trial and Appeal Board

July 1, 2013

The America Invents Act of 2011 (AIA) created the Patent Trial and Appeal Board, which replaced the Board of Patent Appeals and Interferences and which presides over various new proceedings designed to provide parties with a more effective venue in which to litigate patent validity. The most commonly used procedure is inter partes review, which effectively replaced inter partes reexamination as of September 16, 2012. Other post-grant proceedings include Post-Grant Review and the Transitional Program for Covered Business Method Patents.

Post-Grant Proceedings Before the Patent Trial and Appeal Board authored by Greg Gardella, Scott McKeown, and Stephen Kunin is a comprehensive guide through the process of initiating a post-grant proceeding, taking discovery, seeking sanctions, proposing and opposing claim amendments, effectively advocating at the oral hearing, appealing to the Federal Circuit, and handling a wide array of issues involving co-pending district court litigation.



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