The America Invents Act: Post-grant review and paragraph IV certifications

Abstract

This article discusses the new post-grant review of a patent, a process which will become available on September 16, 2012 pursuant to the America Invents Act – but for non-business method patents, applies only to patents having an effective filing date on or after March 16, 2013. In particular, this article sets forth various factors to be considered by a generic pharmaceutical company in deciding whether to petition for post-grant review of a patent or proceed with a standard Hatch-Waxman litigation.