Novel AIA Adversarial Procedures for Challenging Validity of Pharmaceutical Patents

Since September 2012, patent challengers have been able to take advantage of three new proceedings to attack patent validity at the U.S. Patent and Trademark Office under the America Invents Act: inter partes review, post grant review and a transitional program for covered business method patents. Each proceeding is conducted in an adversarial "trial" format before the Patent Trial and Appeal Board. These proceedings offer several advantages over traditional federal court litigation for those challenging patents — including pharmaceutical patents.


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