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5 Written questions

5 Matching questions

  1. Can a party appeal the Board's decision whether to institute an inter partes review?
  2. Is discovery permitted during a post grant review?
  3. How does a party request a post grant review?
  4. How will the Board conclude an inter partes review?
  5. When can a petitioner bring a post grant review for a patent?
  1. a Prior to the date that is 9 mos. after the grant of a patent or issuance of a reissue patent
  2. b No, a party is statutorily precluded from appealing the Board's decision whether to institute an inter partes review.
  3. c To intiate a post grant review, a party must file a petion establishing certain statutory requirements
  4. d Where IPR is instituted and not dismissed, the Board shall issue a final written decision. The decision shall address the patentablilty of any challenged patent claim and any new claim added via amendment during the inter partes review.
  5. e The AIA authorizes the Office to set standards and procedures for the taking of discovery during a post grant review, including that discovery be limited to evidence directly related to factual assertions advanced by either party in the proceeding.

5 Multiple choice questions

  1. The AIA provided that the file of an IPR is open to the public, except that party may seek to have a document sealed by filing a motion to seal. The AIA also provides for protective orders to govern the exchange and submission of confidential information
  2. The effective date for the First Inventor to File provision of AIA is March 16, 2013
  3. The effective date for the derivation provision in the AIA is March 16, 2013
  4. NO
    This final rule implement the fee for prioritized examination as set forth in section 11 (h) of AIA and is not an exercise of the Office's fee-setting authority under section 10 of the AIA such that a micro-entity fee would apply
  5. No, regardless of whether the application was filed before or after the first-inventor-to-file provisions take effect on March 16, 2013, disclosure one month prior to a filling date is not prior are to the claimed invention by virtue of a one year grace period.

5 True/False questions

  1. After the Board renders a final decision in a post grant review, do any estoppels apply against the patent owner?YES
    A settlement terminates the proceeding with respect to the petitioner, and the Board may terminate the proceeding or issue a final written decision.


  2. What patents are eligible for a post grant review?A person who is not the patent owner and has not previously filed a civil action challenging the validity of a claim of the patent may petition for a post grant review of the patent.


  3. How much time does a patent owner have to file a response and/or amendment after review is instituted?No.
    If the petition does not meet the standard set for instituting the proceeding, then the petition will be denied even if there is no preliminary response from the patent owner. The patent owner, may, but is not required to , inform the Board if it does not intend to file a preliminary response.


  4. If an inter partes review is instituted, can the patent owner respond during the review?Yes, a patent owner may file a response after the instituion of IPR


  5. Can a party to an inter partes review be sanctioned?Yes, then AIA requires the Office to prescribe sanctions for
    1. abuse of discovery,
    2. abuse of process, or
    3. any other improper use of a post grant review, such as to harass or cause unnecessary delay or an unnecessary increase in the cost of the proceeding.


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