MPEP Q&A 83: Filing a Petition to Institute a Post-Grant Review - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006
from 2017-03-28T14:02:40
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…
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