Post-grant proceedings after the America Invents Act

Kenneth Horton

The America Invents Act (AIA) was passed several years ago. One of the biggest changes it made to the patent landscape was the options for modifying a patent after it was granted by the U.S. Patent & Trademark Office. Prior to the passage of the AIA, the only options for modifying a granted patent was by using a reissue proceeding, a reexamination proceeding, and in limited circumstances, an interference proceeding.

The AIA kept the reissue and reexamination proceedings, changed the interference proceeding to a derivation proceeding and added the options of supplemental examination, inter partes review, post grant review and covered business method proceedings.

A detailed discussion of each of these proceedings is beyond the scope of the column. But the chart below will, hopefully, serve as a decision tool when considering your options for these types of proceedings.

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