Patent Bar Mpep Q & A Podcast

Question: Can a post-grant review be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent? Answer: No, a post-grant review may not be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent. Chapter Details: The answer to this question can be found in the following supplement: Inter Partes, Post Grant, and Covered… The post MPEP Q & A 147: Post-Grant Reviews and Civil Actions appeared first on Patent Education Series.