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Follow on Google News | America Invents Act Creates a Transitional Program for Covered Business Method PatentsThe transitional program allows a petitioner who has been sued for infringement of a covered business method patent to challenge the validity of the patent before the U.S. Patent and Trademark Office.
By: IP Law Leaders This update covers the transitional program for covered business method patents. A specific post-grant review proceeding for covered business method (CBM) patents was created under Section 18 of the AIA. The program allows a petitioner who has been sued for infringement of a CBM patent to challenge the validity of the patent before the U.S. Patent and Trademark Office (USPTO). It is designed to provide an efficient and systemized alternative to litigation. The transitional program utilizes the same standards and procedures as PGR. The core differences from the latter include requirements for prior art, grounds for standing and timing. New stay and estoppel provisions also contrast from PGR. AIA defines a CBM as “a patent that claims a method or corresponding apparatus for performing data processing or other operations used in the practice, administration or management of a financial product or service, except that the term does not include patents for technological inventions.” The Office will interpret the term “financial product or service” Only the party who was sued or charged with infringement of a CBM may petition for a CBM review of the patent. Recent USPTO comments suggest this likely includes parties served with cease and desist letters. Another question is what type of prior art or other invalidating activity raises proper grounds. In fact, the petitioner may challenge a patent on any grounds, including 35 U.S.C. §§ A CBM may be requested at any point other than the period in which a petition for PGR could be filed, namely 9 months following the issuance of the patent. This review applies to all patents, regardless of issue date, though the petition must be filed before this portion of AIA sunsets on September 16, 2020. The final written decision in a CBM review may be appealed to the Federal Circuit. Contact: Cameron H. Tousi Managing Director IP Law Leaders PLLC Tel: 202-248-5410 Web: iplawleaders (dot) com Email: cameron (at) iplawleaders (dot) com ABOUT IP Law Leaders PLLC IP Law Leaders (IPLL) is a nationally recognized intellectual property boutique firm, representing leading corporations, startup companies and research associations worldwide. Quality IP representation can be affordable, and we prove it every day. End
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