On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (H.R. 1249) into law. One major aim of the reform legislation is to establish the United States Patent and Trademark Office (USPTO) as an alternative forum to U.S. district courts for vetting the validity of issued U.S. patents. These sections modify existing practice and provide entirely new structures and legal bases for deciding patentability questions at the USPTO.
Educational Objectives:
Given the scope of these changes, this webinar will address how the Act as a whole opens the door wider for patent litigation at the USPTO. This includes a closer look at: • The new agency-level decision-making body created by the Act, called the Patent Trial and Appeal Board (PTAB), and its composition, role, and procedures. • The four new (or recast) grounds for vetting patentability at the USPTO on behalf of patent owners or third-party challengers: post-grant review, inter partes review, supplemental examination, and the original ex parte reexamination. • Various strategic issues raised by the America Invents Act as it aims to move more patentability decisions to the USPTO and at the same time make them more timely and efficient.
Michael V. Messinger, Sterne Kessler Goldstein & Fox P.L.L.C.; Jon E. Wright, Sterne Kessler Goldstein & Fox P.L.L.C.; Deborah Sterling, Ph.D., Sterne Kessler Goldstein & Fox P.L.L.C.