New Post Grant Proceedings Under The AIA

This month, on September 16, 2012, post allowance proceedings as defined by the American Invents Act (AIA) begin, including Inter Partes review (IPR), Post Grant Review (PGR), and Business Method PGR. A table comparing these different post allowance proceedings, as well as current Ex parte reexamination proceedings, can be found at the end of this article, following a discussion of the various proceedings.

Also on September 16, 2012, Inter Partes reexamination requests will no longer be accepted. The new proceedings allow the opportunity to request review of any U.S. patent over a broad range of reasons and engage in a limited discovery. The new law is found at 35 U.S.C. §§ 321 – 329. Some of the most distinguishing features of these proceedings compared to reexamination are the ability to obtain some discovery, a decision within one year, and estoppel.