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5 Written questions

5 Matching questions

  1. When inter partes review under section 6 of the AIA takes effect on September 16, 2012, will pending inter partes reexaminations be converted to inter partes review proceedings?
  2. If an inter partes review is instituted, can the patent owner amend the claims during the review?
  3. May a party request rehearing of the final written decision?
  4. How will the Board handle multiple proceedings such as two or more inter partes reviews on the same patent?
  5. Can a party to an inter partes review be sanctioned?
  1. a Yes, then AIA requires the Office to prescribe sanctions for
    abuse of discovery
    abuse of process
    or any other improper use of an IPR, such as to harass or cause unnecessary delay or an unnecessary increase in the cost of the proceeding
  2. b Yes, either party may request rehearing of the Board's decision. The request must specifically identify all matters the party believes the Board misapprehended or overlooked, and the place where each matter was addressed in the petition.
  3. c A patent owner may file one motion to amend the challenged patent claims, subject to the standards and procedures set by the Office, during an inter partes review. Amendments may cancel any challenged patent claim and/or propose a reasonable
    number of substitute claims.
  4. d No. Pending inter partes reexaminations will not be converted into inter partes review proceedings. Proceedings for inter partes reexamination filed prior to September 16, 2012, will proceed to conclusion even if the proceedings last beyond September 16, 2012
  5. e Where another matter involving the same patent is before the Office during the pendency of the inter partes review, the Board may enter any appropriate order regarding the additional matter including providing for the stay, transfer, consolidation,
    or termination of any such matter. Joinder may be requested by a patent owner or petitioner.

5 Multiple choice questions

  1. A petitioner for post grant review may request to cancel as unpatentable one or more claims of a patent on any ground that could be raised under paragraph (2) or (3) of 35 U.S.C. 282(b) relating to invalidity (i.e., novelty, obviousness, written
    description, enablement, indefiniteness, but not best mode).
  2. Yes, a party dissatisfied with the final written decision in a post grant review may appeal to the Federal Circuit.
  3. NO
    A part is statutorily precluded from appealing the Board's decision whether to institute a PGR
  4. Yes, the AIA permits either party to a post grant review to request an oral hearing.
  5. No. As this change is applicable only in patent validity or infringement proceeedings, it does not change current patent examination practices set forth in MPEP 2165

5 True/False questions

  1. Can the parties to a post grant review settle?The AIA permits the parties to an inter partes review to settle. A settlement terminates the proceeding with respect to the petitioner, and the Board may terminate the proceeding or issue a final written decision


  2. What is the effective date for the derivation provision in the AIA?The effective date for the First Inventor to File provision of AIA is March 16, 2013


  3. Can a party to a post grant review be sanctioned?Yes, then AIA requires the Office to prescribe sanctions for
    abuse of discovery
    abuse of process
    or any other improper use of an IPR, such as to harass or cause unnecessary delay or an unnecessary increase in the cost of the proceeding


  4. What is the standard for instituting an inter partes review and who will decide whether the standard is met?The petitioner must demonstrate that it is more likely than not that at least 1 of the claims challenged in the petition is unpatentable to trigger PGR. Alternatively, the petioner may show that the petition raises a novel or unsettled legal question that is important to other patents or patent applications. The Patent Trail and Appeal Board will decide petitions for PGR and conduct any ensuing reviews. In instituting a review, the Board may take into account whether, and reject the petition or request b/c the same or substatially same prior art or arguments previously were presented to the Office.


  5. Is discovery permitted during a post grant review?The AIA authorizes the Office to set standards and procedures for the taking of discovery during a post grant review, including that discovery be limited to evidence directly related to factual assertions advanced by either party in the proceeding.


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