Post Grant Patent Review and Re-Examination
Post-Grant Review is an exciting new option for KramerAmado and its clients to directly challenge unpatentable patent claims prior to costly patent litigation. Beginning with patents granted from patent applications filed after March 16, 2013, third parties will have the ability to challenge patents within nine (9) months from the grant date on almost any statutory ground for patentability to be considered by courts or the USPTO. KramerAmado believes that its expertise in patent research, prosecution and opinion preparation provides the tools necessary to promote its clients' best interests under the new regime. In particular, KramerAmado's ability to research and apply the most relevant prior art, along with a critical understanding of the statutory requirements for patentability will maximize client outcomes.
Patent Monitoring will be a critical feature of the Post-Grant Review process. The nine (9) month window for Post-Grant Review is not extendible and failing to file within this time frame will result in a loss of challenge options that cannot be recaptured without patent litigation at the District Court level. Therefore, an ability to understand the marketplace, search for and identify problem patents and identify the most relevant prior art or statutory grounds to limit these patents, will be critical for success under the new regime. KramerAmado is proud to offer Patent Monitoring directly to its clients to meet this important need.
Ex Parte Reexamination and Inter Partes Review are available after the expiration of the Post-Grant Review deadline. KramerAmado has prepared and filed ex parte reexaminations for clients raising substantial new questions of patentability that resulted in the rejection of previously issued claims as well as the limiting of claim scope.