Post-Grant Proceedings Attorney in Minneapolis, Minnesota

Prior Art in Prosecution vs Prior Art in Litigation

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Anyone who has done a lot of work in prosecution and in litigation understands there’s a vast difference in the amount of prior art considered in those two different functions. In prosecution, you’re typically advised of any prior art that the client is aware of that could be material to the patent. However, in litigation, oftentimes there’ll be a scorched-earth search for prior art.

One of the advantages of AIA patent trials is that when preparing petition, a petitioner will oftentimes do quite a bit of prior art searching and tee up the best prior art for review by the patent office. This kind of forms a bridge between prior art that is known in prosecution versus prior art that’s dug up for litigation, and will actually get that prior art in front of the patent office sooner than even a district court litigation could.

Minneapolis patent attorney Tim Bianchi discusses how post grant proceedings narrow the information gap.

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