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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 ...
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 time, effort and money that will be spent after issuance under the AIA on inter partes review and post-grant review would be better spent improving initial examination. [25] According to patent attorney and reexamination specialist Taraneh Maghame, "the root of the problem trying to be addressed by the reexamination process could be better ...
The process of objection and response is repeated until the patent is in a form suitable for grant, the Applicant abandons the applications, [15] or a hearing is arranged to resolve the matter. For 2021, the patent grant rate was 62.7% for the EPO, 74.8% for the JPO, 74.0% for the KIPO, 55.0% for the CNIPA, and 79.2% for the USPTO. [16]
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 ...
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.