Post-grant Proceedings Flashcards
Interpartes review (IPR)
Available for any patent before on or after September 16, 2012
Post-grant review (PGR)
Only available for patents subject to AIA.
Only available for patents issuing from apps having effective filing date on or after March 16, 2013
IPR who may file
Any person who is not the owner of the patent.
Patent must be issued
Petitioner May request to cancel one or more claims based on:
102 or 103
Based on priors arts consisting of patents or printed publications
IPR timing
The later of:
9 months of grant
If PGR is instituted, date of its termination
May not if the petition requesting the proceeding is filed more than one year after date which the petitioner is served with infringement
IPR public availability
As soon as receipt of the petition
IPR prelim response
No later than 3 months after notice
Patent owner may file election to waive the patent owner’a prelim response to expedite the process
IPR instituting standard
Reasonable likelihood that the petitioner will prevail
IPR stay
If civil litigation is filed on or after the date of the filing of the IPR
IPR estoppel
IPR burden of proof
The petitioner has burden of proof: preponderance of evidence
PGR and IPR and CBM
