Post-Grant Proceedings Attorney in Minneapolis, Minnesota

Post-Grant Options and Grounds of Challenge

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So let’s take the post-grant challenges one at a time. So, for example, if we talk about inter partes review, or IPR, IPRs are challenges based on anticipation or obviousness. So you basically are limited to the use of printed publications and patents for the purpose of challenging the patent under IPR.

It’s quite a different thing for post-grant reviews and CBMs. For example, post-grant review is a challenge that can be made under any of the statutory grounds listed in the patent statutes. So you can have challenges for under 35 U.S.C. 101 relating to a statutory subject matter. You can have challenges under 112 relating to indefiniteness and written description support. And you can have the traditional challenges that are allowed under what would also be allowed in an IPR practice, which would be challenges under anticipation and obviousness based on prior art.

Covered business method reviews are a special species, if you will, a special case of PGRs, and covered business method reviews have essentially the same challenges as PGR, but, again, are directed towards business method patents.

Minneapolis patent attorney Tim Bianchi explains how post grant options differ in terms of grounds of challenge.

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