Disclaimers to Avoid Post-Grant Review: A Warning

A post-grant review (PGR) petition can challenge the validity of a patent that contains at least one claim with priority after March 16, 2013, the date the America Invents Act (AIA) went into effect (AIA claims).

Many patents that are eligible for PGR, however, include claims with priority before this date (pre-AIA claims). So what happens when a patent owner statutorily disclaims all of its AIA claims, while maintaining the pre-AIA claims, in an effort to avoid PGR institution?

Click here to read the full article on World Intellectual Property Review.