The America Invents Act creates two new methods for third parties to challenge issued patents in the U.S. Patent and Trademark Office (USPTO): inter partes review (IPR) and post-grant review (PGR). As explained in our earlier article, “IPR and PGR – They are NOT ‘American Oppositions’,” IPR and PGR differ markedly from opposition proceedings in other jurisdictions such as in the European Patent Office (EPO). Compared to EPO oppositions, IPR and PGR are much more expensive and proceed on a much faster schedule. Thus, the most successful IPR and PGR challengers will be highly prepared and focused from the outset.
