Challenging Issued Patents by Post Grant Review Proceedings
Granted Patents may be challenged within the USPTO any time
before nine (9) months after issuance, without filing a lawsuit in Federal
District Court. The United States Patent
and Trademark Office (USPTO) regulations allow for a procedure to challenge
patents. This is called a Post Grant Review Proceeding (PRG) for patent
applications filed on or after 19 March 2013 or Inter Partes Review proceeding
for those applications filed before 19 March 2013.
In either case, the third party challenger may attempt to invalidate
one or more claims as unpatentable on any ground relating to invalidity (i.e.,
novelty, obviousness, written description, enablement, indefiniteness, but not
best mode).
The
government filing fee varies, and ranges from $9000.00 to $18,000.00.
Attorney
fees can range from $50,000.00 to $280.000.00, which is less than the average attorney’s
fees for lawsuits filed in Federal District Court.
A party
dissatisfied with the final written decision in a post grant review may appeal
to the Federal Circuit.
Of course,
if you are beyond the nine (9) month post issuance time period, the patent can be
challenged by filing a Declaratory Judgement Action in Federal District Court.
Call Robert J. Sayfie at 1-888-468-0444
visit www.sayfiepatents.com
visit www.sayfie.com
Copyright 2016, all rights reserved.
