September 10, 2019
AIA Post-Grant Review & European Oppositions: Will They Work in Tandem, or Rather Pass Like Ships in the Night?
Perhaps the new post-grant review proceeding in the United States was conceived in the likeness of a European opposition, but as it moved from conception to reality, a unique American administrative proceeding was created that does not bear much resemblance to its European inspiration. This Article describes features of both post-grant review and European oppositions and argues that the differences between them mean they will not work in tandem, but rather will generally pass like ships in the night. Notably, the ships will not necessarily crash either, and they could even be part of the same fleet.
Filip De Corte, Anthony C. Tridico, Tom Irving, Stacy D. Lewis & Christina N. Gervasi, AIA Post-Grant Review & European Oppositions: Will They Work in Tandem, or Rather Pass Like Ships in the Night?, 14 N.C. J.L. & Tech. 93 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/11_De-Corte_Final.pdf.
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