AIA Support – Pre-Issuance Submissions and Post Grant Review
Count on TPR to support your IP Strategies in light of new America Invents Act (AIA) provisions in the United States. Search methodologies are likely to remain largely unchanged in light of AIA as we migrate to a system that closely resembles Europe and other non-US jurisdictions… but your objectives may.
TPR is available to help you plan and execute patent and literature search activities that will allow you to take full advantage of what the US provisions can do for your company.
| Relevant AIA Provisions | Challenge | Solution |
| Post Grant Review | Only available within 9 months after the grant of the patent | Technology and Patent Alerts Invalidity searching |
| Preissuance Submissions | Only on the basis of prior art consisting of patents or printed publicationsOnly available for short time period – submission must be timely | Technology and Patent Alerts Invalidity searching |
| Conditions for Patentability; Novelty | Use or sale may occur anywhere in the world | Patentability searches |
| The First Inventor to File (FITF) | Change in critical date used for US invalidity/prior art search | Invalidity searching |
- Invalidity searching – Expedited searches with expanded capacity to accommodate additional challenge opportunities without rush fees
- Patentability searches – A thorough review of worldwide patents and non-patent literature
- Technology and Patent Alerts – Monitor competitor activity that allows you to identify and take quick action within set time limits for applications and patents of interest
Our Search Experts are available for free consultation to create an optimal search strategy based on your critical date, objectives, and budget. Contact us to review how TPR solutions can strengthen your position.
For more on AIA Provisions, visit the USPTO website: http://www.uspto.gov
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