5 Written Questions
5 Matching Questions
- May a party file a motion seeking relief at any time during the inter partes review proceeding?
- 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?
- 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?
- When can a petitioner bring an inter partes review for a patent?
- How long will an inter partes review take?
- 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.
- b 3 months
- c 1 year but may be extended up to 6 month with good cause
- 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.
- 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
- 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.
- No, a party is statutorily precluded from appealing the Board's decision whether to institute an inter partes review.
- 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.
- 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
- 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
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.
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.
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.
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.
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