MaxVal’s has expanded its alert services with the release of PTAB (Patent Trial and Appeal Board) Review Alerts for AIA post-grant, interference and interpartes review.

MaxVal’s PTAB Review Alert - now enables attorneys and applicants to track the proceedings instituted at the PTAB.

Post-Grant Review - Post-grant review is a new trial proceeding at the PTAB to review the patentability of claims on any grounds that can be raised under 35 U.S.C. § 282(b) (2) or (3). The review is conducted pursuant to a third-party’s petition filed within nine months after a patent grant or reissuance. The post-grant proceeding generally applies to patents filed under the first-inventor-to-file provision of the America Invents Act (AIA), i.e. patents that have an effective filing date after March 16, 2013.

Inter partes Review - Inter partes review is a new trial proceeding replacing the earlier inter partes reexamination practice, and is directed at the patentability of claims using only prior art consisting of patents or printed publications. It provides an alternative to litigating patent validity in the Federal District Court.

Patent Interferences - Interference proceedings essentially apply to any patent claim filed prior to March 16, 2013, since this question is moot in light of the first-inventor-to-file under the AIA. The interference proceedings determine who was first to reduce an invention into patentable form.

Key Features

  • Customized email alert for Interference/Post Grant and Inter partes review
  • Includes patent bibliographic details and a docket report with searchable files of documents filed during the review process
  • Access to the latest prosecution status of the case review

Benefits of the service

  • Receive user-friendly emails/alerts that save time and effort
  • Receive alerts at a frequency you designate (daily, weekly, monthly)
  • Receive alerts on prosecution status and events as they occur
  • Dedicated team for fast response

PTAB: The Patent Trial and Appeal Board’s (formerly BPAI-Board of Patent Appeals and Interferences) duties include review of adverse decisions of patent examiner, review of appeals from the applicant for re-examinations, derivation proceedings; inter partes and post-grant reviews, and rendering decisions on interferences.

Board members

The PTAB constitutes of The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges.

The secretary, in the Director’s discretion, shall appoint the Administrative patent judges of competent legal knowledge and scientific ability, to hear and decide appeals from decisions of primary examiners as well as to reissue and re-examine patents.

Leahy-Smith America Invents Act

Leahy-Smith America Invents Act – is a new act that made some significant changes in the AIA effective from September 16, 2011, particularly shifting from the "First-to-Invent" (FTI)” to the "First-Inventor-to-File (FITF)”. It also added post-grant review and interpartes review and eliminated interference proceedings.

Three member panel

Unlike before, now only the PTAB can permit rehearings. Also, a panel with a minimum of three Administrative patent judges appointed by the Director shall hear post-grant review, inter partes review and patent interferences.