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
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