Services / Post Grant Proceedings

The America Invents Act (AIA) provided the mechanism for three types of proceedings that give defendants the opportunity to challenge a patent after it has been issued via trial-like proceedings before the Patent Trial and Appellate Board (PTAB). The inter parties review allows for a challenge to patentability on the basis of a prior art. The post grant review allows for a challenge to patentability based on any claims that can be made under any ground that could be raised under § 282(b)(2) or (3). The transitional business program allows for a post grant challenge on a covered business method patent. Ference & Associates works with clients to utilize these popular methods of review, as they provide a method of challenging patentability that is less costly and has a lower burden of proof than litigating in the courts. As the law develops in this area, the Ference team continues to stay on the leading edge of post grant proceedings.