Patent Prosecutors Face Tougher Tests After Supreme Court Ruling


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.”