Post-Grant Review (PGR) is one of the newest proceedings available in the US Patent & Trademark Office (USPTO) to challenge an issued patent. Because a Post-Grant Review request must be filed no later than nine months after the issue date of a patent, time is of the essence to challenge a patent through Post-Grant Review.
Patent Post-Grant review (PGR) provides a broader means to attack the validity of a patent as compared to inter partes review and ex parte reexamination. A third party may challenge a patent through a Post-Grant Review proceeding based on any ground that may be raised under 35 U.S.C. § 282(b)(2) or (3), including patent subject matter eligibility or utility under 35 U.S.C. § 101, novelty under 35 U.S.C. § 102, obviousness under 35 U.S.C. § 103 and enablement, written description, and definiteness under 35 U.S.C. § 112.
Patent Review Process
Post-Grant Review is generally only available to challenge patents having an effective filing date after March 16, 2013, although covered business method (CBM) patents are eligible for Post-Grant Review regardless of their filing date. Post-Grant Review challenges also are time-limited because they generally must be filed no later than nine months after the issue date of a patent.
Patent Attorney Experience
Combining our experience in patent prosecution as well as patent litigation, we serve both patent holders and third party challengers with PGR proceedings as well as other post-issuance patent proceedings.
As a patent law firm, our patent lawyers can assist with advising on post-grant review (PGR) legal issues. See our Patents service line page for additional information about post-grant review (PGR) legal services.