Friday, June 2, 2023 | Back issues
Courthouse News Service Courthouse News Service

Patent Office Gets Rid of Challenge Waiting Period

WASHINGTON (CN) - The United States Patent and Trademark Office has changed its procedures, to allow a challenge to a first-to-invent patent or reissue patent, upon the issuance of the patent.

Prior to a change in the Leahy-Smith America Invents Act made by the enactment of the AIA Technical Corrections Act, in January, challengers had to wait nine months to petition for so called "inter partes review."

The elimination of the nine-month waiting period, or "dead zone," will improve patent quality and limit unnecessary and counterproductive litigation, according to the USPTO.

Read the Top 8

Sign up for the Top 8, a roundup of the day's top stories delivered directly to your inbox Monday through Friday.