Strategies for Attacking a U.S. Patent or Application: A Summary of Existing and the New AIA Proceedings

MaryAnne Armstrong, Ph.D. and Eugene T. Perez for Japan Patent Attorneys Association Patent Magazine

The Leahy-Smith America Invents Act has provided new pre-and post-grant procedures for third parties to prevent an application from issuing or to attack a U.S. patent. Generally, a third party has limited options in attacking a U.S. application. In contrast, when it comes to a U.S. patent, a third party now has more options in attacking a U.S. patent, including requesting an inter partes review, a post-grant review, and/or a post-grant review of a business method patent. This article gives a summary of these various pre- and post-grant proceedings, as well as the main advantages and disadvantages of the proceedings.

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