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 • November 9, 2011 • Estoppel, Ex parte reexamination, Inter partes review, Post-grant review

A critical factor in the decision to initiate a post-grant review or inter partes review proceeding in the USPTO will be the estoppel consequences of a decision confirming the patentability of challenged claims. Following the general model of current inter partes reexamination, both new statutes provide that if a “final written decision” is issued by [...]