Once we understand a client's goal, and whether a client is defending their own patent from a third party challenge or challenging a competitor's patent, we create strategies to maximize a client's chances of obtaining the desired results.  In this regard, for clients wishing to challenge the validity of a competitor’s issued patent, the America Invents Act offers four options. 

 

These four options are outlined below.

 

Depending on a client's particular situation, certain options may be better to pursue than others.  We can help clients determine the best option for challenging a competitor's patent.  Once the mechanism is decided upon, we continue to provide strategic, informed counsel and guidance to our clients and how these newly adopted laws and legal landscape can be used to the client's advantage. 

 

1. Ex Parte Reexamination is, in effect, unchanged by the America Invents Act.  This can continue to be a powerful tool to challenge a third party patent.

2. Inter Partes Review replaces inter partes reexams.  It is a new trial proceeding before the new Patent Trial and Appeal Board. 

3. Derivation Proceedings can be considered as a replacement to interference proceedings. 

4. Post-Grant Review is a new trial proceeding, allowing a third party legal mechanisms by which to challenge an issued patent.

 

 

If you wish to discuss a matter relating to 3rd Party Intervention, please contact us by phone or mail Mail@Falati.com.