What It Is
In addition to IPR procedures the AIA created a post-grant review procedure. PGR provides a petitioner a forum to challenge a patent on any statutory basis of patentability. Unlike IPRs, PGRs are not limited to challenges on the grounds of novelty and nonobviousness based on only patents and printed publications. Rather, any statutory ground under §§ 101, 112, 102, and 103 can be challenged in a PGR. Just like in an IPR, a patent in a PGR is not presumed valid, and the claims are given their broadest reasonable interpretation. The petitioner need only show, by a preponderance of evidence, unpatentability under any of the statutory sections of any patent claim that is implicated upon institution of the PGR. PGRs, like IPRs, are trial-like proceedings conducted in front of a panel of administrative patent judges—the PTAB. Parties may collect evidence by presenting expert or factual testimony via declarations, and declarants are deposed. Parties support their cases with oral arguments before the PTAB.
How Bold Patents Handles PGRs
Few PGRs have been filed. This fact is not surprising given that only U.S. patents involving AIA claims, (issued U.S. patent claims having an effective filing date after March 15, 2013) are eligible to be involved in a PGR. A PGR must generally be filed within nine months of the issue date of the challenged patent. Bold Patents attorneys are well versed in many technology fields including Software, Physics, Microbiology, Chemistry, and Mechanical, Electrical, Industrial and Aeronautical Engineering. Our Patent Attorneys have recently sat for the most recent AIA Patent Bar which tests the intricate details of the Post-Grant proceedings including PGRs. With knowledge of the technology and razor sharp knowledge of the law, Bold Patents is well positioned to help you with your next PGR case.