MPEP Q&A 103: What Grounds for Seeking Inter Partes Review are Limitedto Compared with Post-Grant Review - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2017-08-15T14:04:31

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Question: What are the grounds for seeking inter partes review limited to compared with post-grant review? Answer: The grounds for seeking inter partes review are limited to issues raised under 35 U.S.C. 102 or 103 and only on the basis of prior art consisting of patents or printed publications. In contrast, the grounds for seeking post-grant review include any ground that could be raised under 35 U.S.C. 282(b)(2) or (3). Such grounds for post-grant review include grounds that could be raised under 35 U.S.C. 102 or 103 including those based on prior art consisting of patents or printed publications. Other grounds available…


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