Comparing Notes: Procedures at the USPTO, EPO and JPO

Eugene Perez and Brian Cannon for WIPR

In 2012, the US America Invents Act (AIA) inaugurated three new procedures by the US Patent and Trademark Office (USPTO) Patent Trial and Appeal Board for the administrative review of issued patents: inter
partes review (IPR), post-grant review (PGR), and a transitional post-grant review programme for covered business method patents (CBM).

This article compares these AIA procedures in the US with opposition proceedings before the European Patent Office (EPO) and patent invalidation trials before Japan’s Patent Office (JPO). Also discussed is the extent to which these procedures result in the invalidation of patents.

The rest of the article can be read here.