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Starting An AIA Post-Grant Proceeding

MaryAnne Armstrong, Ph.D., Eugene T. Perez and Kelly E. Rose for Law360

The Leahy Smith America Invents Act[1] (AIA), in part, substantially overhauls post-grant proceedings in an effort to realize U.S. Congress’ original intention that post-grant proceedings serve as an effective and efficient alternative to district court litigation.[2]

One important consideration that should be weighed when a third party is trying to decide which post-grant proceeding to use, particularly if the only issues to be raised are based on prior art, is the threshold standard that must be met by the requester (or petitioner).

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