Question

Why have defendants increasingly turned to post-grant review proceedings at the PTO, such as; inter partes review; , since the America Invents Act was passed in 2011?

a) To streamline the patent application process.
b) To delay patent enforcement.
c) To challenge the validity of patents more efficiently.
d) To bypass the court system.

Answer 1

Defendants have turned to post-grant review proceedings to challenge patents more efficiently, bypass the court system, and delay patent enforcement.

Step-by-step explanation:

Defendants have increasingly turned to post-grant review proceedings at the PTO, such as inter partes review, since the America Invents Act was passed in 2011 in order to challenge the validity of patents more efficiently.

These proceedings provide defendants with a way to challenge the patent's validity without going through the court system, bypassing the court system.

They also offer a streamlined process for reviewing and addressing patent validity issues, allowing defendants to delay patent enforcement and potentially avoid costly litigation.