April 16, 2014 Articles

Invalidating Patents after the America Invents Act

The AIA created several new administrative trial procedures to review the patentability of an issued patent.

By Donika P. Pentcheva, Nathan K. Shrewsbury, and Debora Plehn-Dujowich

The America Invents Act (AIA), the seminal piece of patent legislation for this decade, made its way through both houses with bipartisan support and was signed into law on September 16, 2011. The AIA fundamentally changed the patent laws and patent system of the United States in an effort to harmonize the patent laws of the United States with the patent laws of other industrialized countries.

The AIA created several new administrative trial procedures to review the patentability of an issued patent by panels of administrative law judges of the newly established Patent Trial and Appeal Board (PTAB), an agency within the U.S. Patent and Trademark Office (USPTO), which sits under the U.S. Department of Commerce.

Premium Content For:
  • Litigation Section
Join - Now