September 8, 2016

New Legislation is Not Needed to Fix Post Grant Procedures at the PTO

Washington, D.C. partner and co-chair of the IP Group, Bob Stoll recently published an article for IP Watchdog titled, “New Legislation is Not Needed to Fix Post Grant Procedures at the PTO.” In the article, Bob discusses the America Invents Act (AIA) and problems surrounding post grant review procedures: Post Grant Review; Inter Partes Review and the Transitional Covered Business Method procedure (CBM).

As Bob explains, these tools are used as an adjunct strategy to patent litigation, not as an alternative as was intended. Damage issues, venue, pleading requirements and discovery scope have all been carved out of legislation when courts acted in a manner to address the issues. And, the enumerated problems with the post grant procedures could be bettered by iterative improvements both at the courts and the USPTO rather than time consuming and uncertain legislation.

Read: “New Legislation is Not Needed to Fix Post Grant Procedures at the PTO”

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