Post-grant proceedings are available after a patent has been examined and issued by the USPTO, and may be used to invalidate a competitor’s patent or strengthen your own patent in the case of a Reissue application. In many instances, these post-grant proceedings offer an alternative to costly patent infringement litigation.
The IP attorneys at Schmeiser, Olsen & Watts have experience representing both Patentees and Petitioners on a variety of post-grant patent proceedings, including Inter Partes Review, Post-Grant Review, Ex Parte Reexamination, Covered Business Method Review and Reissue Applications.
Whether you are a Patent Owner in need of representation to defend your patent, or you wish to challenge a patent that has already been granted, we offer in-depth consultation on the various post-grant procedures available and can advise you on the best course of action.
Inter Partes Review
Inter partes review is a proceeding to challenge the patentability of one or more claims in a patent on the basis of specific grounds, and only after nine months of the patent’s issuance. Learn more.
Post-grant review is a proceeding to challenge the patentability of one or more claims in a patent on any ground that can be raised in a civil suit, and within nine months of the patent’s issuance. Learn more.
Ex Parte Reexamination
Ex parte reexamination is a proceeding in which any person (third party or patent owner) may request reexamination of a U.S. Patent based on one or more prior patents or printed publications. Learn more.
Covered Business Method Review
Covered business method reviews apply to financial product or service patents and can only be filed by a Petitioner who has been sued or charged with infringement. Learn more.
Reissue applications allow the Patent Owner to correct an error in an issued patent. The Patent Owner may address a failure to fully claim the scope of the invention in a broadening reissue, or may narrow the scope of the claims in a narrowing reissue.