Quick Start Guide to your (inevitable) Patent Trial: Part 1

By: Dominion Harbor Staff |

In a subsequent Blog post we will explore the morass that has become the patent court system. And while we are “in the business” this mess has become so complicated and run so far past the important issues – inventors, innovation, discovery, human advancement that we wanted to provide more insight & guidance on where too many of you inventors and entrepreneurs will find yourselves stuck. We’ve broken things down into simply layman’s terms to give you a leg up.

So to get folks ready, we’ve put together this handy guide. If you need help or want to learn more hit us up directly and we’d be happy to do a little one-on-one tutorial live – as a public service. Know your definitions, know your rights and know how to win!

Here are the key differences between the various review formats – our “quick start” guide:

  • PGR – Post Grant Review

    • Scope – Any patent within 9 months of its issuance can be challenged on any ground typically raised to challenge a patent, including grounds under 35 USC 101, 102, 103, 112 and inequitable conduct.
    • Timing – Any patent can be challenged, so long as the petition is filed not later than the date that is 9 months after the date of the grant of the patent or of the issuance of a reissue patent (as the case may be).
  • CBMR – Covered Business Method Review

    • Scope – Any patent, regardless of issue date, deemed to be a “Covered Business Method Patent” can be challenged on the same grounds as PGR. However, a person may not file a petition for a transitional proceeding with respect to a covered business method patent unless the person or the person’s real party in interest or privy has been sued for infringement of the patent or has been charged with infringement under that patent.
    • Timing – Any patent can be challenged without regard to issue date, however, the whole CBMR program sunsets in September of 2020.
    • Note: Yup, that’s right:  Congress created a whole, previously undefined, category of property rights called “Covered Business Method Patents” solely for the purpose of subjecting that category to particular and specialized scrutiny with the intent of stripping the owner of the property right.  Thanks, “representatives of the people”….
  • IPR – Inter Partes Review

    • Scope – Any patent can be challenged only on a ground that could be raised under 35 USC 102 or 103 and only on the basis of prior art consisting of patents or printed publications.
    • Timing – Any patent can be challenged without regard to issue date.

What have we missed that we should be sharing? We’ll keep a running list and update it from time to time to offer as an ongoing service.

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