Post-Grant Patent Proceedings

Arnold & Porter has extensive experience advising clients on the strategies and options available to both patent owners and third-party requesters in post-grant proceedings before the US Patent and Trademark Office (PTO), as well as patent offices throughout the world. The America Invents Act of 2011 dramatically expanded the opportunities to either challenge or strengthen the validity of patents at the PTO. The new procedures provide faster approaches to invalidate patents, as well as strategic tools to limit and define issues before or during patent litigation and to promote settlements.

These new proceedings are conducted in the United States by Administrative Patent Judges at the Patent Trial and Appeals Board (PTAB) and include:

  • Inter Partes Review;
  • Post-Grant Review;
  • Covered Business Method Patents; and
  • Derivation Proceedings.

Our leading US Patent Office practice combined with our substantial patent trial experience makes Arnold & Porter well-suited to protect client interests before the PTAB, as well as in ex parte reexaminations, reissues, supplemental examinations, and interferences. Our lawyers combine technical knowledge with advocacy skills to offer clients unsurpassed representation in post-grant proceedings, either separately or in parallel with district court proceedings.

We also have a long-standing practice in post-grant oppositions and appeals before the European Patent Office, including in high-value cases or where litigation in Europe is anticipated. Working closely with European Patent Attorneys, we frequently manage the necessary coordination with patent prosecution and litigation attorneys internationally.

Our attorneys have filed and defended post-grant proceedings in a broad array of technologies.

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