For any business worried about infringing another’s patent, life has gotten better … and more complicated. Thanks to the America Invents Act (AIA), businesses have a new and improved set of options for challenging the validity of issued patents.
“There are four different ways to challenge a patent [before the U.S. Patent and Trademark Office (PTO)], and they all have distinct advantages and disadvantages,” says Marc Kaufman, a partner at Reed Smith. He adds that any business wishing to challenge a patent needs to consider many factors and then make a
