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After a period of high invalidation rates, especially when compared to international jurisdictions, 2016 may see fewer PTAB-invalidated patents, indicating that the post-issuance proceedings may finally be filling the role envisioned for them and further aligning U. NPEs have grown from a cottage industry into the source of the majority of all patent litigation in the United States. This decision, coupled with PTAB proceedings, has led to patent invalidations at a rate that gives pause to even the most outspoken critics of patent quality and "patent trolls." A comparison between PTAB proceedings and their equivalents in other major jurisdictions reveals that the high invalidation rate is unique to the U. While IPR, CBM and PGR procedures are similar in form and substance, each has a somewhat different aim.

With this thought, we started thinking about – How to solve this case?

We started with the basic search to understand the level of availability of required information in the patent literature.

Copies of the prior art must be provided, and the party making the request has to let the owner of the patent know that a request has been filed.

If the USPTO finds that the request indeed raises a substantial new question of patentability, the USPTO orders a reexamination.

CBM provides a targeted mechanism for challenging "business method" patents, which to date are the most common patent type asserted by NPEs.

invalidating patent claims-47

Despite the limited temporal availability, PGRs may challenge a patent's validity based on a broad range of grounds, including unpatentable subject matter, inadequate description, lack of novelty and obviousness.

Under the new "first-to-file" rule, an IPR may be filed any time after nine months have passed since the patent's issuance or after any and all PGRs pertaining to that patent have concluded, whichever comes later.

An IPR, the most common procedure, may only be instituted on the basis of lack of novelty or obviousness in view of earlier patents or printed publications.

Requests for reexamination are often filed by third parties, who are already involved in an infringement lawsuit concerning the patent at issue.

By filing for a reexamination, such parties seek to invalidate the patent while keeping legal fees low.




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