Post grant review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a patent on any ground that could be raised under § 282(b)(2) or (3). Post grant review process is initiated by a third party filing a petition within 9 months of the grant of the patent or issuance of a reissue patent.
The standard for instituting a post grant review proceeding is a showing that it is more likely than not that at least one claim challenged is unpatentable. If the proceeding is instituted and not dismissed, a final determination by the Board will be issued within 1 – 1 ½ years.
Please contact us for an in-depth consultation to determine if post-grant review is appropriate to accomplish your goals.