Will the PostGrant Procedures Established by the

Legislation: Will the Post-Grant Procedures Established by the AIA PREVAIL?, PTAB Litigation Blog

Visit the PTAB Litigation Blog 

The Senate recently introduced a bill directed to substantially narrowing the scope of post grant proceedings, including Inter Partes Reviews (“IPRs”), before the Patent Trial and Appeal Board (“PTAB”).  First introduced by a coalition of bipartisan senators, the Promoting and Respecting Economically Vital American Innovation Leadership (“PREVAIL”) Act has three primary objectives: (1) harmonizing certain legal standards in IPRs with that of the applicable standards in federal district court proceedings; (2) reducing redundant challenges at the PTAB and in federal district courts; and (3) safeguarding the integrity of IPRs.  Certain procedures designed to accomplish these broad objectives for reform are discussed in greater detail below.

Read the full article at 

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.