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Post-Grant Proceedings

Patent Office Trials:
Inter Partes Reviews, Post Grant Reviews, and Covered Business Method Patent Reviews

The America Invents Act (AIA) has changed the way that patents are enforced. In traditional patent litigation, a patent was drafted to perform in district court. After the AIA, when patents are asserted, they are first challenged in administrative proceedings before the Patent Trial and Appeal Board (PTAB). These proceedings, called IPRs (inter partes reviews), PGRs (post-grant reviews), and CBMs (covered business method reviews), are conducted by skilled administrative law judges who have both scientific and legal experience. Patents that fail in these more-stringent reviews will never get a day in court, so patent applicants should be adapting their patent strategies to make their patents AIA-ready.  Check out our video for tips on how to make stronger patents that will withstand AIA reviews.

Convenient materials for IPRs, PGRs, and CBMs can be found here:

– PTAB Rule Package Library

For a summary of the post-grant procedures in a convenient table, contact Tim Bianchi at tbianchi@slwip.com.  Also, check out Tim’s blog on AIA Patent Office trials, reexamination, prosecution and litigation at www.ReexamLink.com

 

Patent Reexaminations

Whether you’re holding a patent or having one asserted against you, reexamination is an option.  Frequently, reexamination is performed when the AIA Patent Office trial option has been exhausted.

Reexamination is a more technical proceeding than a trial.  Currently, the only reexamination proceedings that can be initiated are ex parte, which is between the requester and the Patent Office.

 

Use Schwegman for Your Post-Grant Proceedings

Our patent attorneys have extensive technical and legal training.  They have handled numerous post-grant proceedings, such as AIA Patent Office trials and reexaminations, and they have litigated patent cases and appeals.  Some have also worked in industry as chief in-house patent counsel at Fortune 500 companies.  One served as the first Administrative Patent Judge for the Silicon Valley Patent and Trademark Office’s Patent Trial and Appeal Board. 

 

Our Team

Our team includes Tim Bianchi, Michael Lynch, and Stephen Durant. Their wealth of experience will give you the edge whether you are asserting or defending a post-grant challenge. They welcome your call to answer your questions about these options.