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ARTICLE · 24 SEPTEMBER 2024

Patent Litigation Comparative Guide

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Patent Litigation Comparative Guide for the jurisdiction of United States, check out our comparative guides section to compare across multiple countries

United StatesIntellectual Property
C. Gregory Gramenopoulos
C. Gregory Gramenopoulos
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1 Legal framework

1.1 Which laws and regulations govern patent litigation in your jurisdiction?

Patents in the United States are governed by the Patent Act Title 35, which established the US Patent and Trademark Office (USPTO). The Federal Rules of Civil Procedure generally govern the procedures related to patent litigations in the United States. Each federal district court may also have its own local rules governing actions before the court. With respect to evidentiary rules, the Federal Rules of Evidence govern the admission and use of evidence. For post-grant patentability challenges conducted at the USPTO, the America Invents Act established the Patent Trial and Appeal Board (PTAB). The PTAB is a tribunal that hears and adjudicates challenges of issued patents in post-grant reviews and inter partes reviews. The PTAB has its own set of rules and regulations that govern the proceedings in that venue.

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