1 December 2011PatentsEldora Ellison and Deborah Sterling

Impact of the America Invents Act on patent challenges at USPTO

During each proceeding, there is no presumption of validity of the patent, the standard of proof is preponderance of the evidence, and the claims will be given their broadest reasonable construction in light of the specification. Each post-issuance option should be considered when contemplating the enforcement, licensing, valuation or sale of a US patent.

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