Patent Bar Mpep Q & A Podcast

Question: Who may file a petition to institute a post-grant review? Answer: A person who is not the patent owner may file a petition to institute a post-grant review, unless the petitioner or real party-in-interest had already filed a civil action challenging the validity of a claim of the patent. A petition may not be filed where the petitioner, the petitioner’s real party-in interest, or a privy of the petitioner is estopped from challenging the claims on the grounds identified in the petition. Chapter Details: The answer to this question can be found in the PTO supplement known as, “Inter… The post MPEP Q & A 83: Filing a Petition to Institute a Post-Grant Review appeared first on Patent Education Series.