June 12, 2015
Authored and Edited by C. Brandon Rash
On June 4, 2015, the Senate Judiciary Committee approved the patent reform bill known as the PATENT Act. While the Act includes provisions affecting patent litigation in district courts, such as fee-shifting measures and new pleading standards, it also impacts AIA post-grant proceedings before the USPTO. Here are the top five provisions affecting AIA proceedings:
The Act also includes other provisions such as “placeholder language” for changes to claim amendments requiring proposed amendments to be made in the first paper following, and within 30 days after, institution. The amendment would have to narrow the claim and respond to a ground of unpatentability. The burden to show that the substitute claim is unpatentable would be a preponderance of the evidence.
claim construction, Protecting American Talent and Entrepreneurship (PATENT) Act, patent reform
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