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Continued Challenges to Aspects of the IPR Process


Continued Challenges to Aspects of the IPR Process

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In July, the U.S. Court of Appeals for the Federal Circuit rejected Cuozzo Speed Technologies’ appeal.  Cuozzo was attempting to prove that the claim interpretation used by the Patent Trial and Appeal Board (PTAB) was incorrect.  Currently, the PTAB uses the “broadest reasonable interpretation” to determine if inter partes review (IPR) proceedings are warranted; rather […]

Specification: Cornerstone of a Robust Claim Set in the post-AIA Era

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Claim drafting has always been a critical stage of the patent application process, but trends and developments in the patent realm indicate that quality claims have taken on an even greater significance.  A simple strategy is gaining new importance with regards to strengthening claims submitted for examiner review as U.S. patent holders and attorneys begin […]

Inter Partes Review (IPR) Onslaught Awaits Patents With Undiscovered Prior Art

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In the two and a half years since the America Invents Act (AIA) expanded the ways in which a granted patent may be challenged, new statistics from the USPTO reveal just how vital patent application quality has become to maintaining patent protection.

What You Need To Know About Post-Grant Review

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Among the many changes to the U.S. patent system wrought by the America Invents Act of 2011 was the introduction of review options that become available to third parties after a patent is granted.

RCE vs. Appeal

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Receiving a notice from the U.S Patent and Trademark Office that a patent application has been rejected is obviously disappointing. More importantly, however, it presents the patent applicant with an important decision between two long-standing options: attempting to rebut the patent examiner’s rejection rationale by filing an RCE, or filing an appeal to the Patent Trial […]