PTAB Trial Procedures in AIA Proceedings

Summary

The America Invents Act (AIA) introduced three new post-grant proceedings for challenging the validity of issued U.S. patents before the Patent Trial and Appeal Board (PTAB): (1) inter partes review (IPR), (2) post-grant review (PGR), and (3) covered business method (CBM) review (collectively, AIA proceedings). This practice note discusses the key aspects of AIA proceedings, from pre-institution filings and procedures through the final written decision, estoppel, and settlement, focusing on IPR and PGR. (Note that CBM review is no longer available as of September 16, 2020.)