Patent Bar Exam Post-Grant Proceedings

Question 1

What is the deadline for filing a petition for Post-Grant Review (PGR) of a patent?

Accepted Answer

Within 9 months of the patent grant or reissuance

Answer

Under 35 U.S.C. § 321, a PGR petition must be filed no later than 9 months after the date of the grant or reissuance of the patent.

Question 2

Who may file a request for Ex Parte Reexamination under 35 U.S.C. § 302?

Accepted Answer

Any person, including the patent owner, third parties, and the USPTO Director

Answer

Any person—including the patent owner, third parties, or the USPTO Director on their own initiative—may file a request for ex parte reexamination.

Question 3

What threshold must the USPTO find to institute Inter Partes Review (IPR)?

Accepted Answer

A reasonable likelihood that the petitioner would prevail on at least one challenged claim

Answer

Under 35 U.S.C. § 314(a), the USPTO may not institute IPR unless it determines there is a reasonable likelihood that the petitioner would prevail on at least one challenged claim.

Question 4

Which of the following grounds CANNOT be raised in an Inter Partes Review (IPR) proceeding?

Accepted Answer

Prior public use or prior sale under § 102

Answer

IPR is limited to challenges based on prior art consisting of patents or printed publications under §§ 102 and 103; prior public use, prior sale, and other non-documentary § 102 grounds cannot be raised.

Question 5

Within what time frame must the USPTO issue a final written decision after instituting an IPR?

Accepted Answer

12 months from institution

Answer

Under 35 U.S.C. § 316(a)(11), the USPTO must issue a final written decision within 12 months of institution, with a possible 6-month extension for good cause.

Patent Bar Exam Practice Test

Patent Bar Exam Practice Test

Patent Bar Exam Post-Grant Proceedings