Post-Grant Review: How Will It Affect Your (Client's) Business?
- Eldora L. Ellison and Byron L. Pickard
- Bloomberg Law Reports
As the Congressional term nears its end, both houses continue to consider legislation that, if enacted, will change substantially important features of the current Patent Act.1 Post-grant review, a new adversarial procedure that would allow a third party to challenge the patentability of an issued patent in the nine-month or one-year period after it issues, is one of the major changes featured in both bills. In this article Eldora Ellison and Byron Pickard examine the key legislative provisions under consideration and the likely consequences of the legislation.