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This article provides an overview of PGR proceedings and highlights important practice tips drawn from the recent Final Written Decisions. As shown in Figure 1, this prediction seems to have at least some merit, since the number of PGR petitions filed has edged up ever so slightly.

Some practitioners predict PGR reviews will increase in popularity as more patents issue that are PGR-eligible. Time will tell if the number of PGR petitions catch up to their European counterparts. 5 Given the paucity of PGR petitions filed to date, Congress obviously miscalculated, at least in the near term. In contrast to the small number of PGR filings, the European Patent Offce (EPO) reports that the opposition rate in 2015 for granted European patents was 4.4 percent, and in that same year, the EPO issued 3,713 opposition decisions. While Congress intended the PGR process to be similar to European opposition proceedings, 4 to date, PGR has not been nearly as popular. Of those, the Patent Trial and Appeal Board (PTAB) has granted institution for 15 petitions, denied institution for seven petitions, and issued four Final Written Decisions. As of November 17, 2016, only 41 PGR petitions have been filed. 2 For this reason and others, PGRs have not seen wide use. patents with an effective filing date on or after March 16, 2013). However, unlike CBMs and IPRs, PGRs are only available for first-inventor-to file patents (i.e. 1 In contrast, PGR proceedings provide more statutory grounds for challenging patents than the popular IPR process. Much like CBM reviews, petitioners can challenge the validity of the patent on the basis of §§ 101, 102, 103, and 112 in a PGR review.

During that nine-month period, PGR is the only adversarial proceeding available to challenge validity within the USPTO, as Covered Business Method (CBM) and inter partes review (IPR) petitions cannot be filed until nine months after issuance.

A PGR petition can be filed up to nine months after issuance of a PGR-eligible patent. The America Invents Act established post-grant review (PGR) as a new tool for challenging the validity of granted patents.

Autodesk inventor professional 2016 invalid serial number