Proceeding | Who may seek? | When does it apply? | Legal standard? | Grounds? | Estoppel? | |||||
---|---|---|---|---|---|---|---|---|---|---|
Inter Partes Review | Anyone other than patent owner | • Available as of September 16, 2012
• Applies to all patents at the later of:
|
Reasonable likelihood that petitioner would prevail on at least 1 challenged claim | • Patents
• Published patent apps • Printed publications |
Raised or reasonably could have raised | |||||
Covered Business Method | Anyone other than patent owner | • Available as of September 16, 2012 and until September 15, 2020
• Applies to all patents related to a “financial product or service,” but excludes “technological innovations” |
• More likely than not that at least 1 claim is unpatentable
• Petitioner sued or “charged with infringement” |
Any invalidity ground | Narrow: Raised (Civil) OR both raised or reasonably could have raised (USPTO) | |||||
Post-Grant Review | Anyone other than patent owner | • Available as of September 16, 2012
• Applies only to patents having a claim with a priority date on or after March 16, 2013, within nine months of issue |
More likely than not that at least 1 claim is unpatentable OR important novel/unsettled legal question | Any invalidity ground under 35 U.S.C. § 282 (except best mode) | Raised or reasonably could have raised | |||||
Ex Parte Reexamination | Anyone | Available | Substantial new question of patentability | • Patents
• Published patent apps • Printed publications |
No legal estoppel | |||||
Supplemental Examination | Patent owner only | • Available as of September 16, 2012
• Applies to all patents |
Substantial new question of patentability would result in Ex Parte Reexamination by PTO | Any information | N/A | |||||
Derivation Proceedings | Inventor only | Applies to all claims with priority dates on or after March 16, 2013 (Interference remains available for others) | Claimed invention derived from another | N/A | N/A |