Procedures for Invalidating, Clarifying, or Narrowing a Patent in the Patent Office Under the America Invents Act

Prior to AIA, there were two ways for a third party to invalidate a patent in the patent office:

  • Interference under 35 U.S.C. § 135 & 37 C.F.R. § 41.202, which was extremely limited, as it required:
    1. Must have a patent application on file with claims drawn to the same invention as the patent;
    2. Patent office must agree that the claims are the same; and
    3. Must prove earlier invention and first to file won 90 percent or so of the time.

Continue reading