What changes did the America Invents Act (AIA) bring to the patent appeal process?
The America Invents Act (AIA) introduced significant changes to the patent appeal process. MPEP 1201 notes:
“Unless otherwise noted, the discussion of the ex parte appeal practice before the Board in this chapter is primarily directed to appeals wherein the notice of appeal was filed on or after January 23, 2012, or to proceedings commenced on or after September 16, 2012. See Pub. L. 112-29 (September 16, 2011)(known as the Leahy-Smith America Invents Act or the AIA)”
The AIA implemented new rules for patent appeals, including changes to the timing and procedures for filing appeals. It’s important for patent applicants and attorneys to be aware of these changes when considering or preparing for an appeal.
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