Post-Grant Review Patent Attorneys

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). The 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.