Saved by the Date? Is Your Pre-AIA Patent still at Risk for AIA Post-Grant Review?
Patents with an effective filing date on, or after, March 16, 2013 are subject to
Post Grant Review
(PGR) within nine months of issuance under the
Leahy-Smith America Invents Act of 2011
(AIA). But what about patents that issue from the so-called “transitional” applications filed on, or after, March 16, 2013, with a priority claim to an earlier filing date? Transitional applications can be subject to AIA provisions and PGR depending on whether the application contained at least one claim,
at any time
, with a post-AIA effective filing date on, or after, March 16, 2013. Recently the Patent Trial and Appeal Board (PTAB or “the Board”) at the United States Patent and Trademark Office (USPTO) granted a Petition for Post Grant Review for a patent issued from a continuation application that was filed in 2014 but claimed priority back to 2004. So don’t count on your earlier pre-AIA filing date to save your patent from PGR.
Volume 47, Issue 2
NEWSLETTER ARCHIVE
Table of Contents
President's Message by Erik Belt
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Message from the Editor-in-Chief
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Alice: Making Step Two Work
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Grant Submissions and Novelty: A Catch-22 for Startups
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When are Method/Device Hybrid Claims Indefinite?
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Update on the Patent Pro Bono Program of New England and Call For Volunteer Attorneys!
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Saved by the Date? Is Your Pre-AIA Patent Still At Risk for AIA Post Grant Review?
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Index
6th annual Invented Here! Announcement
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BPLA Sponsors the New England Innovation Award Program of Smaller Business Association of New England (SBANE)
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Report on the Giles Rich Moot Court Competition
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BPLA Writing Competition Accepting Entries
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Annual Judges' Dinner
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IP Roundtable with Chief Judge Saris
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Significant changes to the rules related to european trademarks ¡v three things you should know
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What/where/when/why/how do I include this sequence in a sequence listing?
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Members on the move
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< Back
Member Companies and Firms are Encouraged to Utilize BPLA’s Career Center
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