Abe Hershkovitz
Hershkovitz & Associates, PLLC, USA
Title: Reexaminations and Post-Grant Proceedings in Patent Prosecution before the U.S. Patent and Trademark Office
Biography
Biography: Abe Hershkovitz
Abstract
After enactment of the American Invents Act signed into law by President Obama effective September 16, 2012, there have been significant changes in how patentable inventions are protected and new ways of enforcing patent protection. Biomedical and computer software patents were particularly hard hit by the Supreme Court decision in Alice Corp. v. CLS Bank International and the finding that patents drawn to an abstract idea may not be enforceable. Patent invalidation through inter partes reviews and Covered Business Method challenges have become favorite vehicles over the more expensive court litigation used before. Inventors and owners of patent applications have to be far more careful when working with their patent attorneys and agents in formulating patent claims. Accused infringers and opponents of certain patents, on the other hand, need to educate themselves quickly in how to best challenge patents they believe to be unenforceable. Basic patent prosecution and very advanced reexamination practice have become more complex, and at the same time, more critical to master.