What is the deadline to request a Post Grant Review after a patent grant?

What is the deadline to request a Post Grant Review after a patent grant?

• A. 6 months
• B. 9 months
• C. 12 months
• D. Dating until next application

Answer: (B)

The deadline to request a Post Grant Review (PGR) after the grant of a patent is indeed 9 months. This timeframe is stipulated under the America Invents Act (AIA). The PGR process allows a third party to challenge the validity of a granted patent on numerous grounds, including prior art and other statutory grounds. The choice of 9 months is significant because it provides a specific window for interested parties to evaluate the granted patent and determine whether they want to initiate a review process. This limited period reflects the intent to provide a mechanism for quicker resolution of validity issues soon after the patent is granted. Other timeframes, such as 6 months, 12 months, or continuing until the next application, are not aligned with the legal guidelines set forth by the AIA for a PGR. Therefore, 9 months stands as the correct and legally recognized deadline for requesting Post Grant Review.

The deadline to request a Post Grant Review (PGR) after the grant of a patent is indeed 9 months. This timeframe is stipulated under the America Invents Act (AIA). The PGR process allows a third party to challenge the validity of a granted patent on numerous grounds, including prior art and other statutory grounds.

The choice of 9 months is significant because it provides a specific window for interested parties to evaluate the granted patent and determine whether they want to initiate a review process. This limited period reflects the intent to provide a mechanism for quicker resolution of validity issues soon after the patent is granted.

Other timeframes, such as 6 months, 12 months, or continuing until the next application, are not aligned with the legal guidelines set forth by the AIA for a PGR. Therefore, 9 months stands as the correct and legally recognized deadline for requesting Post Grant Review.