• Recent Developments in Post-Grant Review Eligibility
  • January 17, 2017 | Authors: Jordan N. Bodner; Jeffrey Chang
  • Law Firm: Banner & Witcoff, Ltd. - Washington Office
  • Post-grant review (PGR) is a trial proceeding introduced under the American Invents Act (AIA) of 2011. Similar to inter partes review (IPR), PGRs allow a third party to challenge the validity of an issued patent before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. PGRs can be asserted, within nine months of patent grant, against any patent1 subject to the first inventor-to-file (FITF) provisions of the AIA — that is, a patent having an effective filing date on or after March 16, 2013.2 While IPRs are limited to prior art based challenges, PGRs are more powerful, having an expanded toolbox that also includes grounds such as 35 U.S.C. §§ 101 and 112.