What types of cases are considered “contested cases” before the PTAB?
According to MPEP 1449, contested cases before the Patent Trial and Appeal Board (PTAB) include several types of proceedings: “A contested case includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review.” These proceedings are part of the post-grant patent review process and can be initiated to challenge…
Read MoreWhat resources are available for understanding inter partes review, post grant review, and covered business method review?
Information about inter partes review, post grant review, and covered business method review can be found in the Office Patent Trial Practice Guide. According to MPEP 1400.01: “The sixth, seventh, and eighth ways (inter partes review, post grant review, and covered business method review) are discussed in the Office Patent Trial Practice Guide available at…
Read MoreWhat are the judicial review options for parties in AIA trial proceedings?
For parties involved in America Invents Act (AIA) trial proceedings, such as inter partes review, post-grant review, and covered business method review, the MPEP 1216 outlines the following judicial review option: “A party dissatisfied with the final written decision of the Board in an inter partes review, post-grant review, or covered business method review proceeding…
Read MoreWhat are the eight ways to correct or amend a patent?
According to MPEP 1400.01, there are eight ways to correct or amend a patent: Reissue Issuance of a certificate of correction Disclaimer Reexamination Supplemental examination Inter partes review Post grant review Covered business method review The MPEP states: “A patent may be corrected or amended in eight ways, namely by: (1) reissue, (2) the issuance…
Read MoreWhat is the current status of covered business method reviews?
The status of covered business method (CBM) reviews has changed as of September 16, 2020. According to MPEP 1400.01: “No new petitions for covered business method reviews can be filed on or after September 16, 2020. Proceedings instituted on covered business method review petitions filed before September 16, 2020 will continue after September 16, 2020…
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