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 More

What 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 More

What 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 More

What 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 More