Overview Of The New Post-Grant Trial Procedures At The USPTO

Firm Thought Leadership

On August 14, 2012, the United States Patent and Trademark Office (“USPTO”) published final rules in the Federal Register to implement three administrative trial provisions of the Leahy-Smith America Invents Act (“AIA”). These three proceedings include inter partes review, post-grant review, and a transitional program for post-grant review of covered business method patents. The new rules under 37 CFR 42 – Trial Practice Before the Patent Trial and Appeal Board (the “Board”) – represent a consolidated set of rules relating to inter partes review and post-grant review (including review of covered business method patents) to take effect on September 16, 2012.


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