EIP

EIP Post™

Three new procedures for challenging the validity of granted patents were created by the AIA, effective from 16 September 2012: Post-grant review, Inter Partes review, and Covered Business Method review.

Post Grant Review

A Post-grant review (PGR) can be initiated up to nine months from the date a US patent is issued. The patent must have a priority date after on or after 16 March 2013. Anyone who is not the patent owner my file a petition for PGR on the grounds that one or more claims of a patent are invalid.

Inter Partes Review

Proceedings for Inter Partes review (IPR) are similar to PGR, with a few key differences:

An IPR can only be filed after the date for which a PGR period has passed, or after the termination of any PGR which was in place.
IPRs can be filed against patents regardless of priority date.
The grounds for an IPR petition is restricted to patents and printed publications; PGRs can be based upon any invalidity ground.