America Invents Act Post-Grant Oppositions After Two Years: Benefit or 'Death Squad'?

In honor of the three year anniversary of the signing of the America Invents Act (AIA), Bloomberg BNA asked stakeholders to comment on whether or not the AIA is working, and if inter partes review (IPR) and covered business method (CBM) proceedings have been positive or negative for American innovation. Bloomberg BNA contacted Finnegan attorney Kathleen Daley for her thoughts.

Daley commented on the success rate of petitioners challenging patents. She noted that one factor contributing to petitioners’ early success is that when challenged before the PTAB, patents have no presumption of validity and claims are construed more broadly. Therefore, they are more susceptible to validity challenges. Daley also noted that while the electrical and computer industries were heavy users of the new post-grant proceedings at the PTAB early on, all industries benefit from these proceedings.