By Douglas Gallagher, Bingham Greenebaum Doll LLP
The Court of Appeals for the Federal Circuit (CAFC) issued another ruling upholding the constitutionality of the America Invents Act (AIA). The AIA was a sweeping reform of patent law that had been working its way through congress in one form or another for many years before being implemented in 2013.
One of the primary changes brought about by the AIA was changing the former "first to invent" patent system to a "first inventor to file" patent system. The AIA also made some less well-known, although important, changes including an ability for third parties to challenge the validity of an issued U.S. patent in a venue other than a federal U.S. District Court. In particular, the AIA established a way to challenge an issued patent in front of a U.S. Patent Office administrative review panel—the Board of Patent Appeals and Interferences (BPAI)—in what is known as an Inter Partes Review.
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