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5 Written Questions

5 Matching Questions

  1. May a party file a motion seeking relief at any time during the inter partes review proceeding?
  2. I'm an independent inventor planning on filing a new nonprovisional patent application on October 1, 2011. Will my patent application be subject to the first-inventor-to-file provisions?
  3. How long does a patent owner have to file a preliminary response after receiving notice that a petition has been filed challenging the patentability of one or more of its claims?
  4. When can a petitioner bring an inter partes review for a patent?
  5. How long will an inter partes review take?
  1. a A motion will notbe entered w/o Board authorization. Authorization may be provided in order of general applicabiliy, e.g., a scheduling order entered at the start of the trial, or during the preceding after conferring with the Board.
  2. b 3 months
  3. c 1 year but may be extended up to 6 month with good cause
  4. d No. The first-inventor-to-file provisions become effective on March 16, 2013. Thus, an application filed before that date would not be subject to the first-inventor-to-file provisions. The application will be treated under the first-to-invent provisions of the law in effect on September 15, 2011.
  5. e after the later of:
    (i) 9 months after the grant of a patent or issuance of a reissue of a patent; or
    (ii) the date of termination of any post-grant review of the patent

5 Multiple Choice Questions

  1. Yes, Section 6 of the AIA elevates the standard for granting a request for inter partes reexamination. Under the new standard, the information presented in an inter partes reexamination request must provide a showing that there is a reasonable likelihood that the requester will prevail with respect to at least one of the patent claims challenged in the request. The standard for ex parte reexamination remains unchanged.
  2. No, a party is statutorily precluded from appealing the Board's decision whether to institute an inter partes review.
  3. All patents issuing from applications subject to first-inventor-to-file provisions of the AIA as well as those patents issuing from applications subject to the first-to-inventor provisions in current Title 35.
  4. While such request will be acted upon as per MPEP 710.02, if applicant files a petition for an extension of time to file a reply or a request for a suspension of action, the prioritized examination of the application will be terminated
  5. A procedure for expedited review of a patent application for an additional fee. The Office's goal for prioritized examination is to provide a final disposition within twelve months of prioritized status being granted.

5 True/False Questions

  1. May a party submit supplemental information after one month from institution?Yes, then AIA requires the Office to prescribe sanctions for
    1. abuse of discovery,
    2. abuse of process, or
    3. any other improper use of a post grant review, such as to harass or cause unnecessary delay or an unnecessary increase in the cost of the proceeding.

          

  2. If a request for inter partes reexamination was filed before the enactment date of the AIA, but a determination on the request has not yet been issued, which standard will be applied in determining whether to grant inter partes
    reexamination?
    Yes. If reexamination was ordered based on the SNQ standard, the SNQ standard will continue to be applied until the conclusion of the proceeding.

          

  3. Can a patent owner respond to a petition for a post grant review?Yes, a patent owner may file a preliminary response to a post grant review petition to provide reasons why no post grant review should be instituted.

          

  4. How does a party request an inter partes review?To initiate an inter partes review, a party must file a petition establishing certain statutory requirements.

          

  5. On what grounds may a petitioner challenge a patent in a post grant review?With limited exceptions, only those patent issuing from applications subject ti first-inventor-to-file provisions of the AIA. The first-inventor-to-file provision of the AIA is not effective until March 16, 2013

          

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