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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.
Post Grant Review proceedings may be terminated either by settlement or by decision of the Board. There is also estoppel associated with the challenger at the USPTO, the District Courts and the International Trade Commission (ITC) in asserting invalidity on any ground that could have been reasonably raised during Post Grant Review. [52]
Following the grant of a patent, possible post-grant proceedings include reissue, ex parte reexamination, inter partes reexamination, inter partes review, post-grant review, supplemental examination, and post-grant validity review of business method patents. [32]
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 ...
Post-grant opposition occurs after a patent has been granted, providing a window during which third parties [17] can contest the validity of the patent. [25] This procedure allows challengers to present arguments and evidence to the patent office , aiming to revoke or amend the granted patent if it is found to lack novelty, inventive step, or ...
Title 35 of the United States Code is a title of United States Code regarding patent law.The sections of Title 35 govern all aspects of patent law in the United States. There are currently 37 chapters, which include 376 sections (149 of which are used), in Titl
More specifically, it deals with the question whether a government agency (i.e. the executive branch) can act as a "person" to challenge a patent through an administrative (non-judicial) patent review within the 2011 Leahy-Smith America Invents Act. The Supreme Court, in a 6–3 decision, ruled that within context of Leahy-Smith, the government ...