The Year The AIA's Post-Grant Processes Took Hold
The year of 2012 brought substantial changes to the patent system through the introduction of the PTAB and the new proceedings, IPR and CBM.
December 21, 2012
Law360, New York (December 21, 2012, 1:23 PM ET) -- The year 2012 should be remembered as the year the America Invents Act really took hold at the patent office. The AIA, enacted on Sept. 16, 2011, provided a panoply of new procedures for challenging patents. On the one-year anniversary of the AIA’s enactment, Sept. 16, 2012, the patent bar was finally able to take advantage of two of these procedures.
One new procedure is inter partes review (“IPR”), which replaced the inter partes re-examination procedure. The second is “transitional post-grant review of covered business method patents” (“CBM”). Any patent may be challenged using IPR, but CBM proceedings are limited to only those patents directed at the processing and operations used in the practice, administration, or management of a financial product or service. This article provides a brief review of these two procedures, and then gives a look at how patent challengers have begun to use them.
All Content © 2003-2012, Portfolio Media, Inc.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.