Law360, New York ( March 22, 2013, 12:29 PM EDT) -- The America Invents Act created four new post-grant trial-like procedures for challenging patent validity in the United States Patent and Trademark Office. These new patent validity challenge procedures are similar in some respects to district court litigation, but they all have their own substantive and procedural requirements under the AIA and rules adopted by the patent office. On Sept. 16, 2012, two of these procedures, inter partes review (IPR)[1] and covered business method patent review (CBMR)[2], became available to parties charged with or in litigation. Post-grant review (PGR) in general and derivation proceedings, which are intended to replace interferences, will not likely be seen for several years as these procedures only apply to patents granted on applications filed under the new first-inventor-to-file provisions of the AIA, which went into effect March 16, 2013....
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