POST-GRANT REVIEW
Once your patent is approved, there’s many other ways to further strengthen its protection.
Post Patent Approval
What Is A Patent Post-Grant Review?
Post-grant review (PGR) is a patent post-grant proceeding, and becomes available immediately after patent issuance. It is applicable to patents subject to the AIA’s first-inventor-to-file provisions, and is designed to be concluded quickly.
Typically, a post-grant review proceeding is completed within one year of its commencement. When the Director of the U.S. Patent Office shows sufficient cause, the post-grant review proceeding can be completed within eighteen months of its commencement.
Post-grant review proceedings are initially handled by the Patent Trial and Appeal Board (“PTAB”) as a trial proceeding. A decision of the PTAB can be immediately appealed to the U.S. Court of Appeals for the Federal Circuit (“CAFC”).
To initiate post-grant review, a petition must be filed within nine months after a patent grant or reissuance. The petition needs to establish that “more likely than not” at least one challenged claim is unpatentable, or that a novel or unsettled legal question that is important to other patents or patent applications is raised.
Patents, published patent applications, printed publications, public use, on-sale activity and other public disclosures can be based on as evidence for post-grant patent review.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
Let’s Talk About Your Invention
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In-Person Consultation
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Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.