Patent Prosecutors Face Tougher Tests After Supreme Court Ruling

Overview


Judith Mohr described how the America Invents Act has changed patent prosecution by authorizing specialized patent judges and implementing new post-grant proceedings to review if an invention should keep patent protection. Ms. Mohr said the review procedures place a greater burden on companies and their outside counsel when preparing patent applications. “I know that an important patent will be pulled into a post-grant proceeding, so I do structure my patent portfolio differently,” she noted. “The post-grant proceedings have changed how we structure portfolios and how we draft claims.”