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ARTICLE · 16 AUGUST 2017

PGR: To Wait Or Not To Wait For IPR?

Wolf, Greenfield & Sacks, P.C.
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IPR is widely used to challenge patents.

United StatesIntellectual Property
Chris Reilly
Chris Reilly
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IPR is widely used to challenge patents. Post-grant review (PGR) was intended to work in conjunction with IPR, providing a fuller set of challenges, but only in the first nine months following a patent's issuance. In fact, a patent cannot be challenged via IPR while it is still eligible for PGR. But, to date, PGR has been little used, in part because it is only available for patents with an effective filing date after March 15, 2013. With over half of all patents issuing now eligible for PGR,  is its usage set to climb? Should petitioners jump on the more robust challenges in PGR, or wait nine months and proceed with an IPR? A review of early data on PGR petitions reveals some interesting insights.

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