This week we bring to you our views on the Patent Post Grant Review system launched by USPTO and applicable from March 16, 2013 following implementation of America Invents Act.
While most of our readers by now must have become familiar with this new system introduced by USPTO which is very similar to the Post Grant Opposition at EPO, we would like to share a few thoughts on why the companies both large and small, law firms involved in patent litigation should opt for Patent Post Grant Review.
As many of our clients and readers regularly involved in post grant oppositions in Europe would know that the very basis of an opposition system is to
- Improve the quality of patents
- Reduce litigation costs
- Prevent abuse of the patent system, and
- Increase the efficiency of the patent system
While at the outset Patent Grant Review appears to be a costly affair with USD35800 as statutory fee to submit the PGR request, in our opinion this system serves a very good platform for both corporates and law firms as:
- It cuts down the costs associated with litigation and lengthy inter partes, ex-partes reexamination processes which are comparatively higher
- The system promises to have an accelerated process with a strict timeline of one year
- More grounds for filing PGR. The petition can be filed on the grounds of violation of 35 U.S.C 101, 102, 103, 112. More than those available for inter-parte or ex-parte reexamination
- PGR can be filed by any person within nine months of grant of patent and the decision can be appealed in Federal Circuit
All in all we see the Patent Grant Review System as a great opportunity window to mitigate the infringement risks at a very early stage for all our readers and clients involved in IP litigation work.
How can we help?
Here at Inolyst, our prime focus area is in providing invalidity search services to IP litigators for Oppositions, reexamination and Litigation. Our sophisticated prior art search process combined with expert resources, access to various databases, quality control initiatives and comprehensive reporting meets European standard of prior art search.
Our proven track record with various clients ranging from law firms to multi-national corporations in providing those crucial prior arts for pre-trials and on-going trials says it all about our expertise.
In order to meet the requirements of our clients who are looking forward to the new PGR System, we offer European quality invalidity search reports to help you make a strong case for review.