Difference Between Post Grant Review and Inter Partes Review

What is a Mail Grant Review

Contents

• i What is a Post Grant Review
• 2 Difference betwixt IPR & PGR:
  • 2.1 Choosing between PGR and IPR?
    • 2.ane.ane Our other blogs that might interest you:
      • 2.1.one.one [INFOGRAPHIC] Copyright Protection 101: A Visual Guide
      • ii.ane.ane.2 Naming Your Visitor and Watching Your Back With a Trademark Search
      • two.1.1.3 What You Demand to Know Almost Creating a Description for a Patent Awarding – Patent description
      • 2.ane.one.4 What Is a Patent Watch and Do I Need One?

Post Grant Review (PGR):A post-grant review (PGR) is a manner of questioning a patent's validity. PGR was introduced by the America Invents Human activity (AIA) on September 16, 2012, as a counterpart to the Inter Partes Review (IPR) procedure.

Together, they replace the inter partes reexamination. Different inter partes reexamination, IPR and PGR are conducted in front of – three administrative law judges instead of a single patent-examiner.

These iii administrative police judges are members of the Patent Trial and Appeal Board (PTAB), which replaced the old Board of Patent Appeals and Interferences (BPAI) within the USPTO.

In the old system of inter parties reexamination, an entreatment of an agin decision by a patent examiner was handled by the BPAI, followed past request to a federal court.

AIA Options

PGR can be filed immediately after patent issuance or reissuance, and IPR can just be filed after the period for post-grant review has passed or if no PGR is filed then ix months from the engagement the patent is issued (or reissued).

IPR can only exist filed based on the grounds of anticipation and obviousness, whereas PGR tin exist presented based on any properties that can be used to challenge the validity of a patent claim.

Such as anticipation (§ 102), obviousness (§ 103), patent eligibility (§ 101) and lack of compliance with written description, enablement or indefiniteness (except for best manner) (§ 112). Prior art for PGR is non limited to patents and printed publications.

Indeed, PGR can exist sought past alleging unpatentability based on bear witness of public use, on-auction activity or other public disclosures, double patenting, lack of patentable subject area matter. In brusk, PGR can be filed on any ground whereas IPR can only exist filed on two grounds — anticipation and obviousness.

Difference between IPR & PGR:

For patents examined under the first to invent rules (i.eastward., patents filed before March xvi, 2013), IPR tin be initiated immediately post-obit issuance (or reissuance) of patents, since the post-grant review is not applicable for these patents.

For patents examined under the AIA first to file rules (i.e., patents filed on or after March 16, 2013), PGR can be initiated immediately subsequently the patent is issued and IPR can be commenced afterward the nine months window of eligibility for post-grant review.

Choosing between PGR and IPR?

Once a concluding written conclusion is issued past PTAB, the estoppels is created as a result of an IPR or PGR that prevents a party from arguing before the USPTO, district court, or International Trade Commission, invalidity of a merits that was determined to be valid or patentable on whatsoever ground which that political party raised or could have raised during proceedings IPR or PGR.

Given the additional types of validity challenges and range of prior art available in PGR, the estoppel effects of PGR can be significantly college than those of IPR.

Ref
– https://fishpostgrant.com/mail service-grant-review/

If a party used all of the bachelor prior art for PGR and failed to convince the jury of PTAB, then the party to an unsuccessful PGR may observe themselves back in the district court with limited options to challenge the patent'southward validity based on prior art, Department 112, or other grounds because of estoppel.

Well-nigh of the petitioners prefer IPR over PGR. According to the USPTO statistics, 820 IPRs were filed in 2018 through April xxx^th.

On the other hand, only 35 PGRs were submitted during the same period.

From the time of introduction through April 30th, 2018, the number of PGRs filed were 113. This count is nowhere near the 7,775 IPR filings.

References: Post Grant Review

https://www.uspto.gov/sites/default/files/documents/trial_statistics_20180430.pdf

https://decisionresourcesgroup.com/drg-blog/post-grant-oppositions-pharma-patents-part-one-primer

https://www.taftlaw.com/news-events/law-bulletins/inter-partes-review-replaces-inter-partes-reexamination

Post-Grant Review

Our other blogs that might interest you:

• [INFOGRAPHIC] Copyright Protection 101: A Visual Guide

• Naming Your Company and Watching Your Dorsum With a Trademark Search

• What Y'all Demand to Know Nearly Creating a Description for a Patent Application – Patent description

• What Is a Patent Spotter and Do I Need One?

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Source: https://www.legaladvantage.net/blog/what-is-a-post-grant-review-pgr-ipr-pgr/

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