Office with evidence invalidating
A final decision in an IPR, for instance, estops a petitioner from raising in a later civil or International Trade Commission action any ground of validity it "raised or reasonably could have raised" during the post-issuance patent challenge proceedings.
Similar estoppel measures are available for PGRs and CBMs. procedures dovetail with other post-issuance patent challenge procedures in major patent offices around the world.
Under the America Invents Act, the public can submit evidence to the Patent Office in an attempt to prevent issuance of a patent.
A PGR must be initiated within nine months of a patent's grant or reissue, and it can only be initiated by a party that has not previously challenged the patent civilly.
Importantly, PGR is available only for patents filed after March 2013 under the "first-to-file" system.
For "first-to-file" patents, a CBM may be sought only after the nine-month period for initiating a PGR has passed.
An important pro-patent feature of all three post-grant procedures is the estoppel effect that accompanies the PTAB's decision.