Will PTAB Decisions in Interferences Declared After September 15, 2012 But Before Enactment of the AIA Technical Amendments Act Be Reviewable Via Petitions for Extraordinary Writs or Actions Under the APA? (PDF)
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As explained in detail in this article, the "Act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code" provides that there will be court review under both 35 USC 141 and 35 USC 146 of PTAB decisions in interferences declared after enactment of that act on January 14, 2013. However, the AIA Technical Corrections Act does not provide that there will be either type of court review!
Charles L. Gholz is a Partner in Oblon, Spivak, McClelland, Maier & Neustadt, LLP; Alexandria, Virginia. His direct dial telephone number is 703/412-6485, and his email address is firstname.lastname@example.org.
Lisa M. Mandrusiak is an Associate in Oblon, Spivak, McClelland, Maier & Neustadt, LLP; Alexandria, Virginia. Her direct dial telephone number is 703/412-6492, and her email address is email@example.com.
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