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Inter partes review

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Definition Edit

U.S. patent law Edit

An inter partes review is a

proceeding [that] allows anyone who is not the patent owner to request review of an issued patent by presenting prior art to PTO — either patents or other publications — to challenge the claimed invention's patentability as obvious or not novel. This review proceeding became available on September 16, 2012, 1 year after the enactment of the AIA, but entities cannot request this review until the later of (1) 9 months after a patent is granted or (2) completion of post-grant review, if such a proceeding is held.[1]

References Edit

  1. Intellectual Property: Assessing Factors That Affect Patent Infringement Litigation Could Help Improve Patent Quality, at 8-9.

External resources Edit

  • USPTO, "America Invents Act (AIA) Frequently Asked Questions" (full-text).

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