 Patent Law Weblog By Kevin E. Noonan -- One of the assumptions, or promises, or hopes, attendant on the inauguration of post-grant review proceedings (particularly inter partes reviews) under the Leahy-Smith America Invents Act was that, as in European Opposition Proceedings, a Patent Owner would be able to propose amendments to overcome unpatentability arguments raised by Petitioners. This was not how these reviews were implemented, however, ostensibly due to the statutorily mandated timeframe (one year from institution of the proceedings) that a European-like proceeding would not accommodate. Accordingly, it has been rare for the Patent Trial and Appeal Board (PTAB) to grant a...
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