The proposed Patent post grant review proceeding would allow the public to appeal the USPTO to cancel claims in a patent within a year of its issue date. And it allows any person who is warned with a patent infringement suit to plea for review within four months of being warned. To prevent wrong use, the review petitioner would be required to make a sufficient first proof of un-patentability; otherwise the petition would be dismissed. If the proof is enough, a fact-finding procedure leading to a hearing by the Board of Patent Adjudication on the merits would follow. It is envisaged that both parties would be obliged to make necessary disclosure of all relevant information, then followed by discovery as permitted by the Board of Patent Adjudication. During the Post Grant Patent review proceeding, the patent owner would have a single opportunity to make a narrowing amendment of the claims challenged.
The Post Grant Patent proceedings would then be conducted by the Board of Patent Appeals and Interferences, renamed after the Board of Patent Adjudication. Continue reading