The Role of Post-Grant Reviews in Patent Challenges before the PTAB

H. Wayne Porter

©2015. Published in Landslide, Vol. 7, No. 4, March/April 2015, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

The America Invents Act (AIA)1 established several types of contested proceedings for challenging patents before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO). These proceedings, called “trial proceedings” by the PTAB, include post-grant review (PGR), inter partes review (IPR), and reviews conducted under the transitional program for covered business method patents (CBM). IPRs and CBMs have become popular avenues for attacking claims of issued patents. According to statistics from the USPTO, 2,299 IPR petitions and 277 CBM petitions had been filed by January 1, 2015, with 931 IPR trials and 123 CBM trials instituted as of that date.2

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