eCourse
Post Grant Review: Strategic Advantages and Disadvantages
Contains material from Jan 2024
Post Grant Review: Strategic Advantages and Disadvantages
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In the first 9 months after a patent issues, an inter partes review is not available but a post grant review is available and can be raised on any issue, not just 102-103 on prior printed publications and this presents unique opportunities and problems. It permits 101 grounds, and also 112 grounds, as well as prior art that are not printed publications. The estoppel provision for PGR matches its breadth, which means that if you file a PGR you lose any defenses not raised in the PTAB, and could be forced to trial only on infringement and if available, inequitable conduct and other equitable defenses.
Includes: Video Audio Slides
- Total Credit Hours:
- 0.50
- Credit Info
- TX, CA
- TX MCLE credit expires: 1/31/2025
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Strategic Advantages and Disadvantages of Post Grant Review (Jan 2024)
Danielle Joy Healey
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Strategic Advantages and Disadvantages of Post Grant Review (Jan 2024)
In the first 9 months after a patent issues, an inter partes review is not available but a post grant review is available and can be raised on any issue, not just 102-103 on prior printed publications and this presents unique opportunities and problems. It permits 101 grounds, and also 112 grounds, as well as prior art that are not printed publications. The estoppel provision for PGR matches its breadth, which means that if you file a PGR you lose any defenses not raised in the PTAB, and could be forced to trial only on infringement and if available, inequitable conduct and other equitable defenses.
Originally presented: Nov 2023 Advanced Patent Law Institute
Danielle Joy Healey,
Spencer Fane - Houston, TX