Time to Simplify Patent Challenges (Perspective)

The America Invents Act became law roughly five years ago, and with its implementation came new administrative proceedings by which companies may challenge the validity of patents at the U.S. Patent and Trademark Office. Rather than establishing a single uniform procedure that permits challenges to any patent based on any statutory ground, however, Congress decided to create three distinct proceedings: inter partes review, post-grant review, and covered business method review. Each has its own unique limitations and special carve-outs.

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