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Patent Reform: The Dual Track Japan Post Grant Review System as a Model

May 2, 2016| in Wegner's Writings| by Hal Wegner

Patent Procedures Amendment Act of 2016 is a discussion draft of proposed legislation to provide a dual track for post grant procedures, one for amendment of claims and the other for third party invalidity challenges (the latter having two “flavors”, IPR and PGR proceedings that would continue as under the Leahy Smith America Invents Act).

Better Patents for the Patentee and Competitors:  The dual system has special incentives for patentees to seek early amendment of claims without fear of intervening rights being created after a long drawn out process. Beyond the obvious benefit to patentees, the public is benefited by a clearer definition of the scope of protection.

The legislation is explained in the above titled “discussion draft” which is attached.

PatentProceduresAmendmentActof2016may2

Regards,
Hal

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