Challenging Patents Before the USPTO: Looking Ahead to a World of Patent Reexaminations, Post-Grant Reviews and Inter Partes Reviews
- Eldora L. Ellison & Robert Greene Sterne
- The National Law Review
For several years now, both houses of Congress have debated legislation that would significantly increase a party's ability to challenge its competitors' patents in actions before the U.S. Patent and Trademark Office (USPTO). A newly-proposed proceeding, known as a Post-Grant Review proceeding (PGR) will provide an early and comprehensive basis for challenging patents. Additionally, the current Inter Partes Reexamination process may be replaced by, or supplemented with, an Inter Partes Review (IPR) proceeding for challenging patents. Visit the National Law Review to read about these mechanisms for challenging patents and their potential substantial impact on corporate competitors and patent rights.