Comprehensive Post-Grant Proceedings Representation

The U.S. Patent and Trademark Office (USPTO) conducts rigorous internal examinations of each patent application. Once a patent issues, disputes often arise over whether that examination process should have resulted in a patent. As full-service patent prosecution lawyers, we are committed to providing effective advocacy both during the patent application process, as well as in the various post-grant review proceedings conducted before the Patent Trial and Appeal Board.

We provide individuals and businesses with exceptional patent counseling services, and can advise you concerning the pros and cons associated with a challenge of the validity of a patent through one of the post-grant proceedings available at the USPTO. Post-grant proceedings can accomplish a variety of goals. We will fully explain your options and the cost-benefit of each to allow you to make informed decisions.

Third-Party Challenges Against An Issued Patent

The USPTO offers several avenues that a party may take to challenge the validity of a patent, including:

  • Ex Parte Reexamination: A third party may petition the USPTO for the ex parte reexamination of a patent. A party whose rights are impacted by an issued patent may wish to request this type of administrative review as a cost-effective method to challenge another's patent rights. This type of review proceeds as a non-adversarial patent examination between the patent owner and the USPTO, with the requesting party not directly involved in the examination.
  • Inter Partes review: A party wishing to challenge the validity of one or more claims of an issued patent as obvious or anticipated may opt to petition the PTAB for inter partes review (IPR). An IPR is an adversarial proceeding resolved in an administrative setting.
  • Post-grant review: Like the inter partes review proceeding, a post-grant review challenge to the issuance of a new patent is an adversarial proceeding. A post-grant review allows a party to raise a broader range of challenges to the patent claims.
  • Derivation proceedings: When two or more parties claim to be the inventor for the same invention, a derivation proceeding is an option to protect the true inventor's rights. A derivation proceeding may occur while a patent is under examination. This type of challenge is available so long as the proceeding is initiated within one year from the date that a patent claim in dispute was first made public.

Turn To Seasoned Patent Attorneys For Effective Representation

The patent attorneys at Braxton, Hilton & Perrone each have the scientific background and vast legal experience to provide effective advocacy in all stages of the patent process. We draw on that knowledge equity to synthesize complex scientific information into terms patent examiners understand. For seasoned judgment and unsurpassed personal service, call 469-814-8296 or contact us online. The confidential initial consultation is complimentary.