The Twilight of US Post-Grant Oppositions

by Ken Burchfiel • December 16, 2011 • Effective dates, Ex parte reexamination, Inter partes review, Post-grant review

Today marks the beginning of a period in which USPTO inter partes post-grant opposition proceedings will gradually disappear for many important US patents. Patents issuing after December 16, 2011 will be subject to challenge under the new inter partes review provisions, but will also be subject to the 9-month delay period imposed by § 311(c)(1). [...]

by Ken Burchfiel • December 13, 2011 • Effective dates, Interference, Post-grant review

The America Invents Act provides that current § 102(g) continues to apply to each claim of a patent or application that contains a specific reference to a pre-Act application, in uncodified § 3(n)(2). Although § 102(g)(2) provides the basis for the US first-to-invent system, it is also a statutory novelty provision, outside the context of [...]