Procedures for Opposing Issuance of Patents

By Yon S. Sohn

One of the new features of the AIA is the Post-Grant Review (PGR), often referred to as a third-party opposition. PGR allows any party to challenge any new or reissue patent.

Starting with patents issued having a filing date on or after March 16, 2013, an opposer will have a nine-month window to submit to the Director of the Patent Office a petition to cancel one or more claims on the basis of invalidity. Compared to ex parte or inter partes reexaminations previously available, PGR allows a broader scope of information to be used as evidence, including patents, printed publications, commercial sales, and public use.