Office with evidence invalidating
Whether invalidation rates at the PTAB will ever approach the levels in the European or Japanese patent offices is difficult to predict.But it is likely that the days of the "death squad" atmosphere at the PTAB may be over, and what remains is a carefully constructed, highly effective means of resolving focused disputes over the validity of U. patents, not unlike what has been available to patent challengers in other parts of the world for many years.But, if these criteria are met, the CBM may be based on the same grounds as a PGR.For "first-to-file" patents, a CBM may be sought only after the nine-month period for initiating a PGR has passed.Many appear outcome-neutral: They ostensibly would not favor one side. Supreme Court is set to hear arguments this term regarding the latter change in , to determine the appropriate breadth given to patent claims considered during post-grant proceedings. Regardless of whether reforms are enacted, a number of factors suggest that a decline in the invalidation rate is inevitable and imminent.
– May 15, 2019) - The United States’ Patent Trial and Appeal Board (PTAB) has invalidated a key claim within Motorola Solutions’ (MSI) Patent No.
Importantly, PGR is available only for patents filed after March 2013 under the "first-to-file" system.
Despite the limited temporal availability, PGRs may challenge a patent's validity based on a broad range of grounds, including unpatentable subject matter, inadequate description, lack of novelty and obviousness.
Unlike IPR, PGR has a limited window of availability and applies only to newer patents.
A PGR must be initiated within nine months of a patent's grant or reissue, and it can only be initiated by a party that has not previously challenged the patent civilly.