Staying Ahead of the Curve: The Coming Changes to Inter Partes Procedures Before the USPTO

IP Law & Management Institute
November 6-8, 2011

Signed into law on September 16, 2011, the America Invents Act does away with existing inter partes reexamination practice and replaces it with two separate procedures — Post-Grant Review and Inter Partes Review. In their presentation, Justin Oliver and Mike O’Neill explain:

  • How these new practices compare to current U.S. inter partes reexamination and Europe’s post grant opposition
  • How the timing restrictions for the different practices affect strategies in challenging competitor patents
  • Likely best uses for the new practices
  • New considerations that play into the analysis of whether and when to employ inter partes challenges