Standards Flashcards
Standard for Post Grant Review
More likely than not
Patents eligible for Post Grant Review
Effective filing date after March 16, 2013 or subject to post-AIA
Standard for Ex Parte Reexamination
Significant New Question of Patentabillity
Patents eligible for Ex Parte Reexamination
All issued grants, regardless of filing date
Standard for Inter Partes Rexamination
Before 9/16/2011 is Significant New Question of Patentability
After 9/16/2011 is Reasonable Likelihood of Success
Patents eligible for Inter Partes Reexamination
Filed after November 29. 1999 and no longer available after 9/16/2012
Standard for Inter Partes Review
Reasonable likelihood of success
Patents eligible for Inter Partes Review
Enacted after 9/16/2013 but all patents are eligible