Among its many changes, the America Invents Act (AIA) provides several new post-grant procedures for a third party to challenge the validity of an issued U.S. patent. These procedures are intended to provide a more cost-effective and speedier forum than civil litigation, and also provide a potentially lower threshold for invalidating a patent claim.
Though it is unclear how extensively these proceedings will be used, it is conceivable that third parties will find them to be decidedly pro-challenger, and thus a preferred forum to that of the federal courts. To this end, such proceedings could, and likely will, have a direct effect on patent valuation and how firms conduct due diligence.
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