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PTAB Proceedings Toolkit
Practical Law Toolkit w-002-2510 (Approx. 18 pages)
PTAB Proceedings Toolkit
by Practical Law Intellectual Property & Technology
| Maintained • USA (National/Federal) |
Resources concerning Patent Trial and Appeal Board (PTAB) proceedings under the Leahy-Smith America Invents Act (AIA), including resources discussing inter partes review (IPR), post-grant review (PGR), PTAB trial practice, coordinating PTAB and district court litigation, prior art, anticipation, and obviousness.
Since taking effect under the Leahy-Smith America Invents Act (AIA) in 2012, post-grant patentability challenges at the Patent Trial and Appeal Board (PTAB) have become a crucial element of patent litigation. PTAB patentability challenges, which commonly overlap with related district court litigation, present unique challenges to patent practitioners, including:
- Choosing the appropriate PTAB challenge.
- Understanding PTAB trial procedure.
- Identifying prior art to assert in the challenge.
- Developing patentability challenges and responses.
- Preparing and filing petitions, responses, and motions.
- Coordinating PTAB and district court litigation, including moving to stay pending PTAB review.
This toolkit provides several continuously maintained resources designed to help a petitioner's or patent owner's counsel understand and conduct post-grant patentability challenges at the PTAB.