Post-Grant Review

Introduction

The Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. Together, they collectively replace inter partes re-examination, with the post-grant review being available immediately after patent issuance, and inter partes review becoming available only after the period for post-grant review has passed. As of September 16, 2012, the post-grant review became available for covered business method patents irrespective of their priority date. For technologies other than the covered business methods, post-grant review is only available for patents with a priority date later than March 15, 2013.

Our Approach

IIPRD provides Post-grant review (PGR) support to third parties to challenge qualified patent claims based on patents, printed publications, and a variety of other patentability grounds. Patent Professionals including Patent Attorneys, Registered Patent Agents, Engineers, have developed an extensive knowledge base of patent inter partes re-examination, reissue, and interference best practices. While the mechanisms of post-grant challenges have changed, the arguments, justifications, and strategies are largely similar to the other modes of dispute resolutions or patent validity analysis, and therefore our past experience for other re-examination proceedings and litigation support helps clients take steps early in the process to prevent unwarranted dissemination of information that may hinder their subsequent efforts to defend or reassert their patents.