A petition must be filed within nine months of grant and may raise any invalidity ground including enablement, written description, indefiniteness, and patentable subject matter, unlike inter partes review.
It applies only to patents under the first-inventor-to-file system.
Alternative Names:
PGR|Post Grant Review Proceeding
Why it Matters?
The broader grounds are the advantage over inter partes review, since enablement, written description, and eligibility challenges are unavailable in that proceeding and frequently represent the strongest attack on recently issued patents. The nine-month window is short and runs from issuance rather than from any assertion, which means monitoring competitor patents is necessary to preserve the option. Estoppel is correspondingly broader.
Frequently Confused with
Related terms
Frequently asked questions
What grounds are available that inter partes review lacks?
Why does monitoring matter?
