What is a post grant review?
What is a post grant review?
Post grant review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent on any ground that could be raised under § 282(b)(2) or (3). The patent owner may file a preliminary response to the petition.
How long does post grant review take?
The PTAB will normally make a decision on these patent review proceedings within a year. In certain cases, this time frame may be extended to 18 months.
In what way might a post grant review be an alternative to litigation?
PGR proceedings take less time than litigation to reach a final disposition—typically 18 months or less. PGR proceedings are a cost-effective alternative to litigation, including due to the much more limited discovery that is available during PGR proceedings.
What is the difference between post grant review and inter partes review?
Inter partes review is akin to inter partes reexamination in that it is limited to prior art grounds based on patents and printed publications, whereas post-grant review can be based on any grounds that are available for an invalidity defense.
Who can file a post grant review?
Any party that is not an owner of the patent and that has not filed a civil action challenging the validity of the patent may file a petition for post-grant review. In contrast to reexamination practice, a petition for PGR can be based on any patentability grounds, including non-patentable subject matter (35 U.S.C.
What is a CBM review?
A covered business method (CBM) review provides a means to challenge the validity of an issued patent. CBM Review can be a more cost-effective option to challenge a patent than federal litigation may provide. …
Can you file PGR and IPR?
IPR can only be filed based on the grounds of anticipation and obviousness, whereas PGR can be presented based on any properties that can be used to challenge the validity of a patent claim. In short, PGR can be filed on any ground whereas IPR can only be filed on two grounds — anticipation and obviousness.
How long does inter partes review take?
Practical Pendency of IPR to be 18-24 Months In promulgating the new Inter Partes Review (IPR) proceeding as part of the America Invents Act (AIA) Congress hoped to address a major criticism of inter partes patent reexamination (IPX), namely, the significant length of time necessary to conclude these proceedings.
What is CBM in law?
Covered Business Method Review (CBM)
When can I file an IPR?
An IPR petition may be filed nine months following the grant of a patent. In addition, if a post-grant review (PGR) proceeding has been initiated on the patent, then an IPR petition may not be filed until the PGR proceeding has been terminated.
When did inter partes review begin?
September 16, 2012
The inter partes review procedure was enacted on September 16, 2012 as part of the America Invents Act. It replaced a previous review procedure called inter partes reexamination, which in turn stemmed from ex parte reexamination proceedings.
