New Bloomberg BNA Treatise on Legal Procedures After a Patent Grant

Bloomberg BNA has published Post-Grant Patent Practice, written by four former Administrative Patent Judges of the United States Patent and Trademark Office (USPTO). This authoritative new treatise analyzes many important legal procedures, including reissue, ex parte and inter partes reexamination, disclaimers, certificates of correction, and interference practice that are required of companies and their legal representatives after the successful acquisition of a patent on one of their products.

The treatise provides guidance to patent professionals regarding all USPTO post-issuance procedures that are designed to address possible mistakes made during the prosecution of a patent application, including mistakes made by the USPTO.

The America Invents Act (AIA), which took effect September 16, 2012, greatly expanded post-grant practice, particularly inter partes proceedings. Post-Grant Patent Practice analyzes the procedures introduced by the AIA, both in text and in charts, explaining them in detail, from pre-filing considerations through appeal to the U.S. Court of Appeals for the Federal Circuit, or, alternatively, to a district court and then to the Federal Circuit. Analyzed procedures include: 

  • Inter partes and post-grant review—including the transitional program for covered business method patents  
  • Supplemental examination
  • Derivation practice

The authors of Post-Grant Patent Practice are distinguished former Administrative Patent Judges. Nancy J. Linck is a member of the intellectual property law firm of Rothwell, Figg, Ernst & Manbeck in Washington, DC, where she focuses on post-grant practice before the Office and works with the firm’s USPTO Trial Practice Group. Bruce H. Stoner, Jr., serves as Chairman of Greenblum & Bernstein P.L.C.’s Reexamination and Post-Grant Review Groupand as an expert witness and consultant on patent office practice and procedure. Lee E. Barrett is presently of counsel and a member of the Post-Grant Practice Group at Oblon, Spivak, McClelland, Maier & Neustandt, L.L.P. Carol A. Spiegel is a Master at Giles Rich American Inn of Court who maintains membership in the American Bar Association, the American Intellectual Property Law Association, and the American Society for Clinical Pathology. This treatise is available for sale directly from Bloomberg BNA and also will be available on the Bloomberg Law legal research system.