Patent Trial and Appeal Board

Intellectual Property Today, 2015

2 Pages Posted: 9 Sep 2015

Date Written: May 6, 2015

Abstract

The focus of this article is to explain the procedure of Post Grant Challenges of issued U.S. Patents in Inter Partes Review and Post Grant Review conducted by the Patent Trial and Appeal Board.

The Patent Trial and Appeal Board is a component of the U.S. Patent and Trademark Office based in Virginia. It is the newest "Rocket Docket" for intellectual property disputes. The America Invents Act of 2011 created the board and it opened its doors on September 16, 2012.

The Board's mandate is only to decide if patents are valid and not whether they have been infringed. It must resolve cases within a year and under extraordinary circumstances 18 months. In sum, the Patent and Appeals Board corrects errors - patents that should not have been issued in the first place.

Keywords: Patent Trial & Appeal Bd, Intellectual Property, Inter Partes Review, IP Post Grant Challenges

Suggested Citation

Johnson, James A., Patent Trial and Appeal Board (May 6, 2015). Intellectual Property Today, 2015. Available at SSRN: https://ssrn.com/abstract=2658337

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