Post Grant Challenges

Following recent changes in the patent law, there are more options for challenging patents without the cost of a lawsuit in federal court.  Laubscher & Laubscher’s lawyers have been on the forefront of the strategic use of patent challenges before the Patent Office and the newly created Patent Trial and Appeal Board.  Through the years, we have been some of the first in the nation to make use of many of the available options.  With our in-depth experience, we can help you decide when to challenge a competitor’s patent or develop an effective defense if one of your own patents is threatened.

In 2011 the America Invents Act instituted several new options for challenging patents, including: 

(1) Inter Partes Review (IPR): With a few limitations, an IPR can be used to challenge any patent on the basis of prior art consisting of printed publications or patents. 

(2) Post-Grant Review (PGR): Must be filed within nine months of grant of a patent and includes additional grounds for challenging a patent not available in an IPR.

(3) Covered Business Method Review (CBM): A focused proceding that can be used when a party has been charged with infringing a covered financial business method patent.  The CBM proceding will phase out in 2020.


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