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Post-grant Review Provisions of S. 23

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- The "America Invents Act" (S. 23 or the patent reform bill) passed by the Senate contains revisions to current inter partes reexamination as well as provisions for an entirely new post-grant review proceeding. Section 5(a) sets forth the revisions to inter partes reexamination. The most significant of these is a change in the standard for granting a request (now termed a "petition") for inter partes reexamination, from raising a "substantial new question of patentability" under current law to "a reasonable likelihood that the petitioner will prevail with regard to at least one claim" (§ 314(a))....

Full post as published by Patent Docs on March 17, 2011 (boomark / email).