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Post-Grant Review
PGRs function similarly to IPRs but with three major differences: (1) PGRs are only available for patents having an effective filing date on or after March 16, 2017 (whereas IPR is available for all patents), (2) PGRs can only be filed within nine months of the date the patents issues (or reissues), and (3) PGRs are not limited to anticipation and obviousness, but rather can be sought based on any grounds that can be used to challenge the validity of a patent claims (e.g., indefiniteness, enablement (but not best mode), prior use or sale, inventorship, as well as anticipation and obviousness based on patents and publications.
Notwithstanding the above differences, PGRs generally follow similar procedures and time frames as IPRs.
