Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Patent Bar > Post Grant Proceedings > Flashcards

Post Grant Proceedings Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Who can initiate Ex Parte Reexamination?

A

Patent Owner or Third Party, including USPTO Director

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who can initiate Reissue?

A

Patent Owner only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who can initiate Inter Partes Reexam?

A

Third Party only (not Patent Owner)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Who can initiate Inter Partes Review (IPR)?

A

Third Party only (not Patent Owner) (except plaintiff in court action challenging validity of patent)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who can initiate Post-Grant Review (PGR)?

A

Third Party only (not Patent Owner) (except plaintiff in court action challenging validity of patent)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Who can initiate Supplemental Examination?

A

Patent Owner only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who can initiate Post-Grant Validity Review of Business Method Patents?

A

Third Party that was sued or charged with infringement (not Patent Owner)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What patents qualify for Reissue?

A

Any patent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What patents qualify for Ex Parte Reexam?

A

Any patent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What patents qualify for Inter Partes Reexam?

A

Patent was an application filed on or after Nov. 29, 1999 (and up to and including September 15, 2012)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What patents qualify for Inter Partes Review (IPR)?

A

Any patent (starting September 16, 2012)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What patents qualify for Post-Grant Review (PGR)?

A

Patent has a claim with an effective filing date (priority) that is on or after March 16, 2013 (see §3(n)(1) of AIA)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Does the patent qualify for Supplemental Examination?

A

Yes, but covers “any information” and thus not limited to patents (e.g., incorrect arguments of a declaration; public sale before critical date; litigation papers; small entity status wrongly claimed; etc.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What patents qualify for Post-Grant Validity Review of Business Method Patents?

A

Only “a covered business method patent”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Window for filing Reissue

A

Anytime before patent expires

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Window for filing Ex Parte Reexam

A

Anytime during enforceability of patent (which can be 6 years past expiration due to past damages)

17
Q

Window for filing Inter Partes Reexam

A

Anytime during enforceability of patent (which can be 6 months past expiration due to past damages)

18
Q

Window for filing Inter Partes Review

A

Starting Sept. 16, 2012, later of: on or after 9 months after patent issuance or issuance of reissue; or termination of PGR (pre-AI patent does not have 9 month window)

19
Q

Window for filing Post-Grant Review?

A

Starting Sept. 16, 2012, no later than 9 months after patent issuance or issuance of reissue

20
Q

Window for filing Supplemental Examination

A

Anytime before patent expires

21
Q

Window for filing Post-Grant Validity Review of Business Method Patents

A

Starts September 16, 2012, but ends September 16, 2020

22
Q

Grounds for filing Reissue

A

The patent, through error and [without any deceptive intent], is considered to be wholly or partly inoperative or invalid

23
Q

Grounds for filing Ex Parte Reexam

A

§§ 102 and 103 based on patents and publications

24
Q

Grounds for filing Inter Partes Reexam

A

§§ 102 and 103 based on patents and publications

24
Q

Grounds for filing Inter Partes Review

A

§§ 102 and 103 based on patents and publications

25
Q

Grounds for filing Post-Grant Review

A

Any ground (except for failure to comply with the best mode requirement)

26
Q

Grounds for filing Supplemental Examination

A

Any “information” relevant to patentability

27
Q

Grounds for filing Post-Grant Validity Review of Business Method Patents

A

Like PGR, but no § 102(e) prior art

28
Q

Threshold Standard for Reissue

A

N/A

29
Q

Threshold Standard for Ex Parte Reexam

A

SNQ of Patentability

30
Q

Threshold Standard for Inter Partes Reexam

A

SNQ before Sept. 16, 2011; starting Sept. 16, 2011 is “reasonable likelihood that the petitioner would prevail” with respect to at least one challenged claim

31
Q

Threshold Standard for Inter Partes Review

A

“reasonable likelihood that the petitioner would prevail” with respect to at least one challenged claim

32
Q

Threshold Standard for Post-Grant Review

A

“more likely than not” that at least one of the claims challenged in the petition is unpatentable

33
Q

Threshold Standard for Supplemental Examination

A

SNQ of Patentability

34
Q

Threshold Standard for Post-Grant Validity Review of Business Method Patents

A

“more likely than not” that at least one of the claims challenged in the petition is unpatentable

Patent Bar (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions