Strategies For Post-Grant Review

The America Invents Act (AIA) introduces several new procedures for challenging the validity of an issued patent before the US Patent and Trademark Office (USPTO), with the intention of reducing the time and expense associated with litigation. The post-grant review procedure of 35 USC §§321-329 can be used by any party—except the patent owner and anyone who has already filed a civil action—to challenge the validity of at least one claim of a recently issued patent.

With the exception of business-method patents, post-grant review will only be available to challenge patents that are issued with an effective filing date of March 16, 2013, or later, and must be filed within nine months of patent issuance. With limited exceptions, a decision will issue within one year of the institution of proceedings.