By permitting pre-issuance and post-grant challenges within the U.S.Patent and Trademark Office (PTO),the law attempts to have disputes resolved within the PTO before reaching the litigation stage.

Question

Quizplus · Accepted Answer

The statement correctly reflects the intent of the America Invents Act (AIA), which added new procedures to the PTO for inter partes review, post-grant review, and covered business method review, among others. These mechanisms allow interested parties to challenge patents on various grounds, including novelty, obviousness, and written description, and may lead to the invalidation or narrowing of patent claims without the need for a court trial. However, it is still possible for parties to appeal the PTO decisions to the Federal Circuit and pursue litigation in district court or other forums.

By Permitting Pre-Issuance and Post-Grant Challenges Within the U