Mikele Bicolli
May 18, 2023

Post-Grant Proceedings: A Powerful Tool in Patent Litigation

PTAB Litigation

In the world of intellectual property, patents play a vital role in protecting inventions and encouraging innovation. However, disputes and conflicts can arise when patent owners believe their rights have been infringed upon. To resolve such conflicts, post-grant proceedings have emerged as a powerful tool in patent litigation. In this article, we explore the significance of post-grant proceedings, their different types, and how they have transformed the landscape of patent litigation.

Understanding Post-Grant Proceedings:

Post-grant proceedings refer to legal processes that allow parties to challenge the validity of an issued patent after it has been granted by the patent office. These proceedings provide an opportunity to review and reassess the claims made in the patent, ensuring that only valid and enforceable patents remain in effect.

Types of Post-Grant Proceedings:

  1. Inter Partes Review (IPR): IPR is a popular post-grant proceeding available at the United States Patent and Trademark Office (USPTO). It allows third parties to challenge the validity of patent claims based on prior art. IPR has gained prominence due to its efficiency, speed, and cost-effectiveness compared to traditional litigation.
  2. Post-Grant Review (PGR): PGR is another type of post-grant proceeding available at the USPTO. It enables challenges to be filed within nine months of a patent's issuance, based on a broader range of grounds, including lack of novelty or obviousness. PGR is particularly relevant for patents that fall under the America Invents Act (AIA) and provides an opportunity to scrutinize newly granted patents more comprehensively.
  3. Covered Business Method Review (CBM): CBM is a specialized post-grant proceeding available for reviewing business method patents. It allows challenges to patents that cover financial and business methods. CBM proceedings aim to weed out low-quality patents and provide a mechanism for addressing potential patent trolls.

Benefits of Post-Grant Proceedings:

  • Cost-Effectiveness: Post-grant proceedings offer a cost-effective alternative to traditional litigation. They typically have shorter timelines and lower associated costs, making them an attractive option for challenging patent validity.
  • Expert Decision-Makers: Post-grant proceedings are conducted before panels of administrative patent judges who possess technical expertise in the relevant field. This ensures that patent disputes are evaluated by individuals with a deep understanding of the subject matter.
  • Broader Scope of Prior Art: Post-grant proceedings allow parties to present a wider range of prior art references, including patents, publications, and other relevant materials. This broader scope enhances the chances of uncovering previously undisclosed information that may impact patent validity.
  • Flexibility and Efficiency: Unlike traditional litigation, post-grant proceedings offer flexible timelines, streamlined procedures, and expedited decisions. This enables parties to resolve patent disputes more efficiently and move forward with their business objectives.


Post-grant proceedings have become a game-changer in patent litigation, providing an effective mechanism for challenging the validity of patents after their issuance. With the availability of different types of proceedings, such as IPR, PGR, and CBM, parties involved in patent disputes have access to faster, more cost-effective, and expert-driven methods of resolving conflicts. By leveraging post-grant proceedings, innovators, businesses, and patent owners can ensure that only valid and enforceable patents remain in the market, fostering a more robust and competitive intellectual property landscape.