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IP: 5 more safeguards for patent owners under the America Invents Act

Congress has attempted to strike a balance between the quality of patents and the rights of patent owners

When creating the new post-grant proceedings (post grant review, inter partes review and covered business method review) under the Leahy-Smith America Invents Act (AIA), Congress wanted to provide a viable means of challenging bad patents that still protected patent owners from frivolous harassment. As a result, Congress built several safeguards for patent owners into the AIA. A previous post discussed one of these safeguards, the AIA estoppels. There are several other important defenses, however, that a patent owner can raise to fend off a post-grant proceeding.

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Michael R. Fleming

Michael Fleming is a lawyer with Miles & Stockbridge’s Intellectual Property & Technology Practice. He co-leads the firm’s Post-Grant Team and is...

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