Law360, New York ( September 19, 2014, 10:23 AM EDT) -- We are now entering an era where an increasing number of issued patents are eligible for post-grant review.[1] As with the wildly popular inter partes review, post-grant review offers the ability to challenge issued patents in a trial-like procedure before the Patent Trial and Appeal Board and obtain a final written decision within about 18 months. Post-grant review expands on inter partes review by enlarging the available grounds for challenge to all statutory bases for unpatentability found in the Patent Act, but limits those challenges to a nine-month window after the patent grant date. ...
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