What is the difference between inter partes review and post grant 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.

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 patents are eligible for PGR?

A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA.

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.

What is a basis for post grant review?

Timing and patent eligibility aside, there are several significant differences between post-grant review and conventional inter partes reexamination. Perhaps most notable are the available grounds of rejection.

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 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).

What is an ex parte review?

What Is Ex Parte Reexamination? Ex parte reexamination is a tool that allows a patent owner or a third party to lodge a request for the United States Patent Office (USPTO) to reexamine an already-granted patent based on other patents and publications that they bring to the USPTO’s attention.

When can you file a PGR?

nine months
PGR can be filed immediately after patent issuance or reissuance, and IPR can only be filed after the period for post-grant review has passed or if no PGR is filed then nine months from the date the patent is issued (or reissued).

How do I post a grant review?

To begin proceedings on a post grant review, you must file a challenge within nine months of a patent’s issuance or reissuance. You need to show that at least one challenged claim is unpatentable or that the there is a new or unsettled legal question that affects other patents or patent applications.

When can a PGR be filed?