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

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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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