Availability: September 16, 2011
Timing Req: Anytime after a patent issues
Threshold: Substantial New Question of Patentability ("SNQ")
Decision Maker: Examiners in Central Reexam Unit ("CRU")
Inter Partes Reexam
Use: Third-Party can challenge based on patents or printed pubs.Availability: September 16, 2011 - September 15, 2012
Timing Req: Anytime for any patent filed after November 29, 1999
Threshold: A reasonable likelihood to prevail ("RLP") with respect to at least one claim
Decision Maker: Examiners in CRU
Inter Partes Review
Use: Third-Party can challenge based on patents or printed pubs.Availability: September 16, 2012 (*** this proceeding available for all pending patents)
Timing Req: (1) Filed 9-months after the grant of patent or reissue, or after termination of a post grant review, whichever is later. (2) Filed within 1-year after service of Complaint. (3) Not available if DJ is filed.
Threshold: RLP with respect to at least one claim
Decision Maker: Patent Trial & Appeals Board ("PTAB")
Post-Grant Review ("PGR")
Use: Third-Party can challenge based on broad grounds (*** not just patents and printed pubs)
Availability: Patents with an effective filing date on/after March 16, 2013.
Timing Req: Must file within 9-months of the issue date of a patent or reissue patent (only if broadening)Threshold: "More likely than not" that a claim is unpatentable
Decision Maker: PTAB
Supplemental Review
Use: Patent owner can address inequitable conduct issue proactively
Availability: September 16, 2012
Timing Req: Anytime after patent issues; however, not available when in litigation if inequitable conduct is asserted with particularity
Threshold: SNQ
Decision Maker: Examiners in CRU
Transitional PGR for business method patents
Use: Third-Party can challenge based on patents or printed pubs.
Availability: September 16, 2012 - September 15, 2020
Threshold: "More likely than not" that a claim is unpatentableDecision Maker: PTAB
