Petition Particularity Produces Positive Post-Grant Proceedings
Monday, May 24, 2021 Introduction In a post-grant review (PGR), the Patent Trial and Appeal Board (“the Board”) reviews the patentability of one or more patent claims on any ground that could be raised under 35 U.S.C. § 282(b)(2) or (3), including, e.g., obviousness. The PGR process starts when a third party files a petition within 9 months of the grant of the challenged patent or issuance of a reissue patent. Under 35 U.S.C. § 324(a), the Board may institute a PGR if the petitioner shows it is more likely than not that at least one challenged claim is unpatentable. A PGR pet...
Source: natlawreview.com