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Additional Opportunities for Pre- and Post-grant Review, and Brand New Patent Trial and Appeal Board in S. 23

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

By Kevin E. Noonan -- S. 23 (the "America Invents Act" or, colloquially the patent reform bill) contains additional provisions for the U.S. Patent Office to obtain information related to patentability, both pre- and post-grant, as well as establishing a replacement for the Board of Patent Appeals and Interferences called the Patent Trial and Appeal Board. Section 7(a) of the bill amends 35 U.S.C. § 122 by adding new subsection (e), permitting any third party to submit "for consideration and inclusion in the record" of a pending application "any patent, published patent application or any other printed publication of potential...

Full post as published by Patent Docs on March 18, 2011 (boomark / email).