Post-Grant Proceedings Attorney in Minneapolis, Minnesota

Patent Trial and Appeal Board

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So the PTAB, or the Patent Trial and Appeal Board, is the administrative body charged with performing review of these post-grant petitions. Whether it’s an IPR, CBM, or a PGR, the PTAB, or the board, as they’re commonly referred to, will review the petition. They will decide whether the petition states a good ground to challenge the patent. And then what they’ll do is institute the patent challenge for trial. In other words, what they’ll do is start a trial if they feel like the petition merits it. And in that trial, there will be further fact-finding and discovery. There will also be some decisions made and some rulings made in motion practice. And it will culminate in an oral hearing to decide whether or not the patent claims that are teed up for challenge should survive or not.

Minneapolis patent attorney Tim Bianchi describes the Patent Trial and Appeal Board.

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