View all Webinars
The Right Way to Calculate Due Dates in Europe and China
If you are docketing in China or Europe, you may notice that calculated due dates don’t match the dates given by your foreign associate. This program will explain why and the proper way to calculate due dates in these countries.
Using Analytics as a Patent Annuity Decision Tool
Join us as our panel discusses best practices for the annuity payment decision process and how patent analytics can help assist annuity decision makers in making the best decisions possible.
IP Punch List for Software Companies
The Software field is a dynamic growing area. This webinar will focus on the challenges that software companies face in protecting their innovations both in the US and in other important jurisdictions.
Event Title
Schwegman is teaming up with WIPO to host an all-day complimentary "Advanced PCT Training" seminar that will provide insights to practitioners on amendments and recent developments to the PCT rules, developing a strategy for international filings and procedural safeguards.
View Event Register for Event

Schwegman Lundberg & Woessner

Close     Close Mobile Menu

Post-Grant Proceedings

Patent Office Trials:
Inter Partes Reviews, Post Grant Reviews, and Covered Business Method Patent Reviews

 

The America Invents Act (AIA) has changed the way that patents are enforced. In traditional patent litigation, a patent was drafted to perform in district court. After the AIA, when patents are asserted, they are first challenged in administrative proceedings before the Patent Trial and Appeal Board (PTAB). These proceedings, called IPRs (inter partes reviews), PGRs (post-grant reviews), and CBMs (covered business method reviews), are conducted by skilled administrative law judges who have both scientific and legal experience. Patents that fail in these more-stringent reviews will never get a day in court, so patent applicants should be adapting their patent strategies to make their patents AIA-ready.  Check out our video for tips on how to make stronger patents that will withstand AIA reviews.

Convenient materials for IPRs, PGRs, and CBMs can be found here:

– PTAB Rule Package Library

For a summary of the post-grant procedures in a convenient table, contact Tim Bianchi at tbianchi@slwip.com.  Also, check out Tim’s blog on AIA Patent Office trials, reexamination, prosecution and litigation at www.ReexamLink.com

 

Patent Reexaminations

Whether you’re holding a patent or having one asserted against you, reexamination is an option.  Frequently, reexamination is performed when the AIA Patent Office trial option has been exhausted.

Reexamination is a more technical proceeding than a trial.  Currently, the only reexamination proceedings that can be initiated are ex parte, which is between the requester and the Patent Office.

 

Use Schwegman for Your Post-Grant Proceedings

Our patent attorneys have extensive technical and legal training.  They have handled numerous post-grant proceedings, such as AIA Patent Office trials and reexaminations, and they have litigated patent cases and appeals.  Some have also worked in industry as chief in-house patent counsel at Fortune 500 companies.  One served as the first Administrative Patent Judge for the Silicon Valley Patent and Trademark Office’s Patent Trial and Appeal Board. 

 

Our Team

Our team includes Tim Bianchi, Michael Lynch, Tom Reynolds and Stephen Durant. Their wealth of experience will give you the edge whether you are asserting or defending a post-grant challenge. They welcome your call to answer your questions about these options.