Guide
Post-Grant Resources
This is the index of articles and reference pages on post-grant practice. Start with the proceedings guide for an overview, use the articles for specific topics such as estoppel, discovery and claim construction, and use the primary-source links to read the law directly.
Overview
- Proceedings guide: which proceeding fits your situation.
- PGR vs. IPR: the two main AIA trials compared.
- Comparison chart: every option side by side.
Reference
- PTAB decisions: precedential, informative and representative decisions by topic.
- Statistics: what the numbers mean and where to find them.
- USPTO and AIA links: statutes, rules, the MPEP.
All articles (40)
- After Therasense, Why Supplemental Examination Is Less Attractive
- Amending Patent Claims During Inter Partes Review
- Attacking a Patent at the PTO? Beware the Real Party in Interest
- Certificates of Correction and Third Parties
- Cisco v. C-Cation: Incorporation by Reference in IPR Petitions
- Claim Construction During Inter Partes Review
- Comparing Post-Grant Procedures at the USPTO, EPO and JPO
- Cuozzo and the End of Broadest Reasonable Interpretation at the PTAB
- Defining “Privy” in AIA Trials
- Discovery and the One-Year Time Period in AIA Proceedings
- Discovery in Post-Grant Review vs. Inter Partes Review
- Estoppel Arising from PTAB Trials
- Evidentiary Considerations in PTAB Trials
- From the BPAI to the PTAB: A Short History of the Board
- Getting the Last Word in PTAB Trials
- How Often Is Supplemental Examination Used, and What Happens Next
- How the PTAB Trial Rules Have Changed Since 2012
- In re Tanaka: Adding a Narrower Dependent Claim Is a Reissuable Error
- In re Yamazaki: Terminal Disclaimers and Reissue Applications
- In re Youman: When a Broadened Reissue Claim Avoids Recapture
- Intervening Rights Arise Only When Claim Text Is Amended: Marine Polymer v. HemCon
- IPR Challenges to Biopharmaceutical Patents
- Natural Products and Diagnostics after Myriad: Patent Eligibility Today
- Prior User Rights: The Prior Commercial Use Defense under 35 U.S.C. § 273
- PTAB Practice after SAS Institute v. Iancu
- Reading PTAB Trial Outcomes: Institution, Settlement and Final Decisions
- Reissue Applications: Procedure, Advantages and Pitfalls
- Reissue vs. Supplemental Examination: Choosing a Patent-Owner Tool
- Sanctions at the PTAB: What Conduct Is Sanctionable and What the Board Can Do
- Starting a Post-Grant Proceeding: The Different Threshold Standards
- Supplemental Examination: A Detailed Look at the Procedure
- Supplementing the Record in PTAB Trials with Supplemental Information
- Supreme Court Decisions on Post-Grant Practice and Patent Validity
- Taking a Deposition in an IPR or PGR
- The Basics of an Inter Partes Review Petition
- The First AIA Trials and What They Established
- The PTAB Trial Practice Guide: What It Is and How to Use It
- Who Is the Real Party in Interest in an IPR or PGR?
- Why a Court’s Validity Ruling Does Not Bar Reexamination at the USPTO
- Why the PTAB Result Matters: How the Federal Circuit Reviews Board Decisions
Related Pages
- GuidePost-Grant Patent Proceedings: A Guide to Your OptionsAfter a U.S. patent issues, it can still be challenged, defended or corrected at the USPTO. A third party can…
- PTAB decisionsPTAB DecisionsDecisions of the Patent Trial and Appeal Board shape how IPR and PGR work. This index groups decision notes…
- GuidePTAB StatisticsThe USPTO publishes current statistics on PTAB petitions, institution rates and trial outcomes on its Patent…
- GuideUSPTO and AIA LinksThe primary sources for post-grant practice are the Patent Act (35 U.S.C.), the USPTO's rules (37 C.F.R.),…
Educational information; not legal advice. Statutes, rules and USPTO practice change. Confirm against the primary sources and consult a registered patent practitioner before acting. Disclaimer.