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It has been roughly two months since the new inter partes review (IPR) and covered business method patent review (CBM) proceedings became available at the U.S. Patent and Trademark Office (USPTO), and some long-awaited questions are beginning to be answered. Leading up to enactment of the America Invents Act, stakeholders questioned whether anyone would actually make use of the new avenues for challenging patents. The answer is “yes.” To date, 43 IPR petitions and 13 CBM petitions have been filed. While CBM petitions can be filed only for patents involving financial products or services (excluding “technological inventions”), petitions for IPR can be—and have been—filed in all technology sectors.

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