Q&A: Cory Bell on 10 years of the America Invents Act

In honor of the ten-year anniversary of the America Invents Act (AIA), World IP Review interviewed Finnegan partner Cory Bell to discuss the impact of the AIA and his predictions for how it will continue to impact the patent world moving forward.

Cory described the significance of the tenth anniversary in analyzing the effectiveness of AIA trials in regard to the goals of the AIA. He further described the changes that have occurred within the AIA since inception, stating:

“The three most significant [changes] are: the change of the claim construction standard from the broadest reasonable construction to the same standard applied by district courts and the U.S. International Trade Commission, the introduction of discretionary denials under the [Patent Trial and Appeal Board] PTAB’s precedential Fintiv decision, and the change from partial institutions on some challenged claims and some grounds to institute on only all challenged claims and all grounds.”

He adds that one of the largest impacts on patent litigation with the creation of the AIA has been that it has influenced patent owners and other parties to utilize AIA trials to “advance development of their case” through looking for alternate venues and seeking patent litigation to speed up time to trial.

Moving forward, Cory suggests that the “appointment of a new [U.S. Patent and Trademark Office] director” will have the most impact on the future of the AIA.

Read “Q&A: Cory Bell on 10 years of the America Invents Act”