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Expert Analysis

Indefiniteness Is Evolving In Post-Grant Proceedings

By Deborah Sterling and Yunjun Guo (February 20, 2018, 1:04 PM EST) -- One of the most significant changes made by the America Invents Act is the establishment of three post-grant proceedings: inter partes review, covered business method review and post-grant review. Unlike IPR, in which a patent may be challenged only on the basis of patents and printed publications,[1], patents subject to a CBM or PGR may be challenged on any statutory basis of invalidity.[2] Among the over 600 CBM and PGR challenges brought to the Patent Trial and Appeal Board to date, indefiniteness is perhaps the weapon that petitioners wield least....

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