Post-Grant Proceedings Attorney in Minneapolis, Minnesota

Raising Good Prosecution Visibility

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We think that the AIA patent trials will raise visibility of bad prosecution first and foremost. What will happen in an AIA patent trial is you’ll have three administrative law judges looking at patents and deciding very technical issues of patentability, issues that are sometimes decided in district court, but this will be by a panel of essentially patent attorneys that are making the decision. This means that any technical defects in the patent that can be raised in the post-grant trial will become visible and potentially jeopardize the enforceability and patentability of the patent. That means it puts an extra emphasis on having really good prosecution from the get go.

Minneapolis patent attorney Tim Bianchi discusses the America Invents Act post-grant proceedings.

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