Post Grant Proceedings

Meredith & Keyhani, PLLC has significant experience handling the intersection of complex patent litigation and post grant proceedings at the USPTO.  This requires very close interaction between the litigation and post grant teams in coordinating strategy and ensuring that the overall goals and objectives of the client are achieved. 

The following are post grant proceedings that may be handle by our firm.

Inter Partes Review

The America Invents Act (AIA) created Inter Partes Review (IPR), which allows a third party to challenge the validity of patent claims based on patents and printed publications.  The request is filed beginning nine (9) months after issuance of the patent.

Post Grant Review

Allows a third party to challenge the validity of patent claims based on any invalidity grounds provided in the Patent Act.  A post grant review may be requested within 9 months after the grant of a patent or issuance of a reissue patent.  The patent must have a priority date on or after March 16, 2013.

Ex Parte Reexamination

A proceeding in which any person may request reexamination of a U.S. Patent based on one or more prior patents or printed publications.  A requester who is not the patent owner (i.e., a “third party requester”) has only limited participation rights in the proceeding. 

Covered Business Method Review

A person who is sued or charged with infringement of a covered business method patent may petition for a covered business method review of the patent.  A covered business method review may be requested except during the period in which a petition for post-grant review could be filed, e.g., 9 months after the issuance of a patent that is subject to the first inventor-to-file provisions.  The transitional review program is available for non-first-to-file patents, even within the first nine months of the grant of such patents.

If you would like more information on inter partes review, post grant review, ex parte reexamination or covered business method reviews please contact Jennifer Meredith at jmeredith@meredithkeyhani.com.