In Institut Pasteur v. Focarino (Fed. Cir. Dec. 30, 2013), the Federal Circuit dealt with three different patents all related to one parent patent application in three different ways. One of the patents did not survive but the other two did. For patent owners, a good patent strategy is to have a multiplicity of patents in the event that not all of the patents or claims of the … [Read more...]
Post grant proceedings
Post grant proceedings are various administrative proceedings to remediate or invalidate a patent.
Browse related articles below.
One factor in favor of post grant proceeding instead of patent litigation The America Invents Act (aka AIA) expands your options to challenge a patent after a patent has been granted. For example, post grant review, inter-partes review and ex parte reexamination are all mechanisms available to you to challenge the validity of a patent at the USPTO level. However, one factor … [Read more...]
Over the past two years since enactment of the America Invents Act, the USPTO has generally been raising filing fees. They wanted the fees to be more in line with the actual costs for the particular services. Fee increases seem odd in that the Patent Office is a profitable organization within the U.S. government which should allow the Patent Office to reduce fees. Anyways, … [Read more...]
Basic Structure Under the America Invents Act, the public can submit evidence to the Patent Office in an attempt to prevent issuance of a patent. Under the basic structure of the regulations, if the patent application is not published or accessible to the public, then a protest or a preissuance submission may be filed with the examiner. However, if the application has … [Read more...]
The America Invents Act (AIA) which changes major sections of the current Patent Laws became law on September 16, 2011. Certain provisions become effective immediately while others become effective at a later date. Click the following link for a schedule of effective dates. Click the following link for the actual text of the America Invents Act. More commentary and … [Read more...]