This article discusses potential expansion of patent challenge procedures introduced by lawmakers in 2009. The changes in the proposed legislation include post-grant review, a new administrative proceeding to challenge patent validity. The article details how this new proceeding differs from current U.S. Patent and Trademark Office procedures and how it may benefit patent owners and applicants. The article finds that while it may not be the best approach for all situations, "the proposed post-grant review procedure, if implemented, should provide a faster, cost-effective mechanism for challenging issued U.S. patents."
This article was originally published in the February 2010 issue of Finnegan's Full Disclosure newsletter.
