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Post-grant review provisions of the new patent law may affect a potential patent infringement defendant's strategies in filing a declaratory judgment action. Subsequent to the Leahy–Smith America Invents Act (2011), any third party can challenge the validity of an issued patent using either post-grant review under 35 U.S.C. § 321 or inter ...
Post Grant Review is available only if the challenger has not already initiated a civil action in District Court. Post Grant Review proceedings are to be conducted by the Patent Trial and Appeal Board, which will replace the Board of Patent Appeals and Interferences on September 16, 2012 for proceedings that commence on or after that date.
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
The USPTO web site provides free electronic copies of issued patents and patent applications as multiple-page TIFF (graphic) documents. The site also provides Boolean search and analysis tools. [100] The USPTO's free distribution service only distributes the patent documents as a set of TIFF files. [101]
The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution. Pre-grant prosecution includes the drafting and filing of patent applications, responding to patent office actions, and navigating the examination process to meet all legal requirements for patentability. This phase requires a strategic ...
The Global Dossier is an online public service launched in June 2014 by the five "IP5" offices, i.e. the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), China's National Intellectual Property Administration (CNIPA) and the US Patent and Trademark Office (USPTO), to offer an integrated access to the respective "file wrappers", free of ...
A request for a reexamination can be filed by anyone at any time during the period of enforceability of a patent. To request a reexamination, one must submit a "request for reexamination" which includes (1) a statement pointing out each "substantial new question of patentability based on prior patents and printed publications; (2) an identification and explanation for every claim for which ...
Applications must be in PDF format. Users who have registered could also file follow-on documents and/or fees for previously filed applications, and pre-grant publications. After filing via EFS, users were sent an electronic receipt that acknowledges the submission date. Submissions are available for viewing on Private PAIR within hours of ...