The America Invents Act has changed the rules for post-grant proceedings, leading to challenges in identifying parties of interest, as Eugene Perez and Kel Rose explain.
The 2011 America Invents Act (AIA) has created multiple post-grant proceedings including postgrant review (PGR), inter partes review (IPR) (which replaced inter partes reexamination), PGR of business method patents, and supplemental examination (SE).
Generally, these AIA post-grant proceedings are intended to reduce the amount of litigation because filing a petition for PGR, IPR or PGR for business method patents requires an identification of all real parties in interest (RPIs), and subsequently filed civil actions can be stayed.
Importance of identifying RPI and privy
Post-grant proceedings, AIA, USPTO, PTAB