New procedures for challenging patents that were instituted last year under the America Invents Act are creating a shift in the way companies and their attorneys treat intellectual property.
One of these new procedures, inter partes review (IPR), has proven to be such a popular tool for companies and their lawyers that 486 petitions were filed in the first 12 months of its existence. In comparison, the more cumbersome predecessor to the IPR—inter partes reexamination—was a much less attractive option, with lawyers filing only about 280 such petitions in the full fiscal year before the AIA was implemented.
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