The Business Case For Post-Grant Patent Review

Counsels’ view of what inter parte reviews and other new procedures introduced by the America Invents Act mean to the biopharma industry.

The America Invents Act of 2011 (AIA) significantly changed the US patent system by creating inter parte review (IPR), covered business method patent review (CBM), and post-grant review (PGR) procedures. These procedures gave third parties new tools for post-issuance patent challenges at the US Patent Trial Appeal Board (PTAB) in a relatively cost-effective and time-efficient manner, compared with patent litigation.

In FY 2014, which ended November 13, 2014, 2,077 IPR, 255 CBM, and two PGR petitions were filed. Most of...

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