IP Master Class: Challenging Patent Invalidity at the PTO Post-AIA
The America Invents Act’s one-year anniversary in September brought with it significant changes to the arsenal of mechanisms available to challenge issued patents at the U.S. Patent and Trademark Office (“PTO”). Inter partes
review and the transitional program for covered business method patents, for example, have now been available since September 16, 2012. On the horizon, post-grant review will become available for patents issuing under the first-inventor-to-file regime starting March 2013. This program includes a discussion of the differing features of the available challenge mechanisms, and the strategic and practical considerations they raise.