Post-Grant Review (PGR)

Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. For patents that were filed on or after March 16, 2013, post-grant review is the mechanism for challenging the validity during the nine-month window immediately following patent issuance. As of September 16, 2012, post-grant review became available for covered business method patents irrespective of their priority date. Under the PGR, a patent can be challenged on any statutory basis of patentability. Unlike IPRs, any statutory ground under §§ 101, 102 (anticipation), 103 (obviousness), and 112 (written description/enablement) can be challenged in a PGR (for example, based on evidence of public use, on-sale activity, or other public disclosures, as well as an alleged lack of compliance with written description, enablement, or patent eligibility requirements).

Unlike litigation, a patent in a PGR is not presumed valid, and the claims are analyzed under their broadest reasonable interpretation. PGRs are trial-like proceedings conducted in front of a panel of administrative patent judges. Evidence can be presented via declarations, and declarants can be deposed. Parties present their cases through oral arguments before the PTAB. A PGR must be filed during the nine-month window immediately following patent issuance.