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Major Differences between IPR,PGR, and CBM

Inter PartesReview (IPR)

Petitioner Estoppel Standard Basis

Post Grant

Review (PGR)

Person who is not thepatent owner and has notpreviously fled a civilaction challenging thevalidity o a claim o thepatent

Must identiy all realparties in interest

Raised or reasonablycould have raised

Applied to subsequent!P"#$districtcourt$%"& action

More li'ely than not#Rovel or unsettled legalquestion important to other

patents$applications

*+ *,+ *-+,+ doublepatenting but notbest mode

%nter PartesReview (%PR)

Person who is not thepatent owner+ has notpreviously fled a civilaction challenging thevalidity o a claim o the

patent+ and has not beenserved with a complaintalleging inringement othe patent more than year prior (e.ception or

/oinder)

Must identiy all realparties in interest

Raised or reasonablycould have raised

Applied to subsequent!P"#$districtcourt$%"& action

Reasonable li'elihood

*, and *-

based on patentsand printedpublications

&overed0usiness

Must be sued or charged

with inringement 1inancial product or service 2.cludes technological

#3ce4raised orreasonably could have !ame as PGR

!ame as PGRsome *,

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Major Differences between IPR,PGR, and CBM

Proceeding Available Applicable Timing

Post GrantReview (PGR)

1rom patent grantto 7 months aterpatent grant or

reissue

Patent issuedunder

frst5inventor5to5fle

Must be completedwithin , monthsrom institution+with 8 months

good causee.ception possible

%nter Partes

Review (%PR)

1or frst5inventor5to5fle+rom the later o9(i) 7 months ater patentgrant or reissue; or (ii)the date o termination

o any post grant reviewo the patent