Call The Patent Police!

More companies will likely begin closely monitoring their competitors' patent filings with the aim of opposing them under new procedures established by the America Invents Act, which went into full effect on March 16.

The sweeping patent reform legislation—under which the U.S. switches to a first-to-file from a first-to-invent system—also creates new tools for challenging newly granted patents. And monitoring programs will be key to many companies' strategies using those tools, says Morrison & Foerster partner Matt Kreeger.

Under post-grant review, for example, a patent granted under the new system can be challenged on a wide variety of grounds in front of the newly established Patent Trial and Appeal Board, which is staffed by administrative patent judges. Previously, oppositions could only be filed on very limited grounds, and rulings were issued by USPTO re-examiners.