REVIEW practice is
designed to both
initiate and defend
...ex parte reexamination & inter partes review
About Post-Grant Review Practice
Post Grant Environment
The intellectual property environment has been reshaped in 2011, by implementation of the America Invents Act (AIA). Perhaps the greatest impact has been on the post-grant proceedings, designed to challenge already issued patents. Be that as it may, our firm has acquired an in-depth understanding of the new rules and requirements, and is able to efficiently navigate our clients through the new terrain of the intellectual law.
Comprehensive Post-Grant Review Practice
Our law firm provides a comprehensive post-grant review services, designed to guide our clients thorough all the stages of the United Sates Patent and Trademark Office (USPTO) post-grant proceedings. In fact, before engaging into any USPTO proceedings, the firm acquires an in-depth understanding of our clients' both short and long-term business objectives. We investigate historical data, analyze pertinent projections and identify the most beneficial proceedings. It is this knowledge, combined with the firm's legal expertise, that allows us to provide a truly informed counsel to all of our clients.
Post-Grant Review Proceedings
The new post-grant patent review process, conducted by the Patent Trial and Appeal Board (PTAB), was designed to address patent challenges without the need of the traditional litigation process. In fact, the new approach provides for more efficient, and cost-effective conflict resolution process. Our firm counsels clients on all aspect of the new post-grant review. We can help our clients to defend, and in proper circumstances, to initiate post grant-review proceedings. In short, our law firm will handle all the complexities of the case, while following the post-grant process to its conclusion.
Ex Parte Reexamination
An ex parte reexamination is a challenge, more specifically a process, by which a third party may dispute the validity of any given patent. The entire process is dependable on the strength and applicability of the available evidence (prior art). If the USPTO grants the reexamination, the patent is reviewed by the examiner who will determine if the patent is valid or not. Be that as it may, requests for reexamination are common and must be dealt with decisively. Our law firm helps clients to both initiate, and to defend against ex patre reexamination challenges. Our approach is always efficient and meticulous in its nature, goal oriented and designed to meet our clients'' objectives.
The America Invents Act is also responsible for the creation of derivation proceedings. This new procedure marks a shift in patent law to a first-inventor-to-file system, well known abroad. Derivation proceedings, slated to be the replacement for the traditional interference proceedings, will ensure that the first person to file a patent application is no one else, but the true inventor. These proceedings take place before the Patent Trial and Appeal Board. Our law firm is well prepared to assist clients in handing this new process, always vigilant of ever-changing rules and regulations. In short, we are confident in our ability to help.
Inter Partes Review
The purpose of the inter partes review proceeding, conducted by the Patent Trial and Appeal Board, is to review one or more claims in an existing patent. However, such review can only be done on the basis of evidence (prior art) comprising of printed publications and other patents, or on the grounds related to either novelty or non-obviousness requirements. STEVEN IVY P.C. counsels clients on the benefits and the pitfalls associated with the inter partes proceedings. The firm conducts an in-depth analysis of each situation, designed to generate practical, real world advice. We have the necessary expertise to help clients determine if the inter partes review can meet their goals and objectives.
Supplemental Patent Examination
The firm also helps clients to complete, when necessary, supplemental examinations proceedings. This process allows the patent owner to make corrections to an existing patent. Unlike inter parte review, the evidence that forms the basis of the request is not limited to patents and printed publications. All things considered, a timely completed supplemental examination could have a long-lasting positive effect on the protection of your invention.
The USPTO, under proper circumstances, allows patent owners to apply for reissue of their inoperative or invalid patents. Patent owners may request reissue if they find an error (without deceptive intent) in one of the specifications or a defective drawing. Be that as it may, our law firm possess a thorough understanding of this process, and can help clients revive otherwise worthless intellectual property assets.