Ten Things to Know About Post-Grant Review Under the America Invents Act of 2011
- Eldora L. Ellison, Ph.D. and Jeremiah B. Frueauf
- Sterne, Kessler, Goldstein & Fox P.L.L.C.
The America Invents Act (H.R. 1249) promises to bring substantial changes to the U.S. patent system, including new mechanisms for challenging patents at the U.S. Patent and Trademark Office. One of the new mechanisms is a post-grant review proceeding (PGR), which will provide patent challengers expanded bases on which to attack patents. However, with this new opportunity to challenge patents comes trade-offs. Here are 10 things to know to help the challenger and patentee navigate post-grant review proceedings.