|- Establishes a new Chapter 32 post-grant review proceeding(PGR) in which cancellation of a patent may be sought on anyground of invalidity within 9 months after the patent is issued. Scope: any ground that could be raised under paragraph
(2) or (3) of section 282(b) (relating to invalidity.
Real parties in interest must be identified.
- petition presents information that, if not rebutted, would
demonstrate it more likely than not that at least 1 challenged claim
is unpatentable, or
- petition raises a novel or unsettled legal question
important to other patents.
PGR may not be instituted or maintained if real party in
interest has filed a civil action challenging the validity of a claim.
A court may not stay consideration of motion for preliminary
injunction on the basis that a PGR has been requested or instituted
if an infringement action is filed within 3 months of patent grant.
PTAB to conduct each IPR.
Patentee may propose a reasonable number of substitute
claims for each challenged claim.
Burden of proof on petitioner is by a preponderance of
PGR to conclude in 1 year (18 months for good cause).
- Final decision of validity in PGR precludes PGR
petitioner/real party in interest from requesting any proceeding
before the Office on the basis of any grounds that the party raised
or reasonably could have raised during the PGR.
- Final decision of validity precludes PGR petitioner/real
party in interest from asserting invalidity in a civil action or ITC
proceeding on the basis of any grounds the party raised during