Cheat Sheet: How to challenge patents under the America Invents Act

A guide to the pros and cons of the four available methods

On Sept. 16, new methods of challenging patents before the Patent and Trademark Office (PTO) went into effect, thanks to the America Invents Act. Three of the four methods available to businesses now are brand-new, and similar to litigation. The last, ex parte re-examination, has been around for a while, but is pricier in this incarnation.

Ex parte re-examination

Inter partes review

Post-grant review

The transitional program for covered business method patents


Steven Seidenberg

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