The America Invents Act (AIA) includes a broad array of reforms to the patent system. These changes give third parties the unprecedented right to challenge patent applications and grants through pre-issuance submissions, inter partes review, and post grant review.
Now, more than ever, patent holders need to engage in proactive competitive patent search and monitoring to:
- Ensure patent applications survive AIA review procedures
- Take full advantage of AIA review procedures, in lieu of costly invalidity proceedings in court
Preissuance Submissions
The AIA allows third parties to submit prior art to patent examiners for all pending patent applications. This helps the patent examiners determine whether an innovation is patentable.
Third parties must submit only one (1) piece of prior art, plus a concise, written description.
For more information, see the USPTO’s Pre-Issuance Submissions FAQs.
Our Services
- Comprehensive prior art and non-patent literature search
- Drafting the written description
- PatentCAM™ online monitoring and email alerts of published patent applications for your technology/product area and competitors of interest
- Anonymous submissions to the USPTO
AIA – Interpartes Review (IPR)
The AIA allows third parties to challenge the validity of patents after nine months from the issuance of the patent.
Third parties can submit prior art (consisting only of patents or printed publications) to challenge the novelty and non-obviousness of issued patents.
For more information, see the USPTO’s Inter Partes Review FAQs.
Our Services
- Comprehensive worldwide prior art and non-patent literature search
- PatentCAM™ online monitoring and email alerts of patent grants for your technology/ product area and competitors of interest
AIA – Post Grant Review (PGR)
The AIA allows third parties to challenge the validity of issued patents for up to 9 months after the patents issue.
Post grant review will take effect for patents filed on or after March 16, 2013. Third parties can challenge one or more claims on any grounds of invalidity (novelty, obviousness, written description, enablement, indefiniteness).
For more information, see the USPTO’s Post Grant Review FAQs.
Our Services
- Comprehensive worldwide prior art and non-patent literature search
- Product/ evidence of sale searches
- Claims comparisons
- PatentCAM™ online monitoring and email alerts of patent grants for your technology/ product area and competitors of interest
Please contact us if you need a patent search to support your AIA related preissuance submission or post grant challenge.