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Post Grant Practice

As one of the nation’s leading IP law firms, Cantor Colburn is exceptionally well equipped to guide clients through the post-grant proceedings landscape.  Since the passage of the America Invents Act (AIA) in 2011, and the implementation of its main provisions in 2013, post-grant proceedings in the U.S. Patent and Trademark Office have proven to be highly effective methods for challenging patent validity. 

Whether attacking an invalid patent or defending validity on behalf of patent owners, Cantor Colburn’s seasoned post-grant team has the necessary experience and deep knowledge of post-grant practice and procedures to achieve successful results.

Our well-qualified team boasts academic credentials in such diverse scientific and technical disciplines as molecular and cell biology, chemical engineering, mechanical engineering, and biomedical engineering. 

Charting a Course for Success

We understand our clients. Whether a client is defending or issuing a challenge, our team will fashion a course of action that maximizes opportunity and achieves their objectives. We begin by identifying the proceeding that best meets their goals. Then, we provide strategic, informed counsel and guidance every step of the way.

For clients who need to challenge the validity of a competitor’s  patent before the Patent Trial and Appeal Board (PTAB), the AIA offers several  options, including Inter Partes Review (IPR), Post-Grant Review (PGR), Covered Business Method proceedings (CBM), Derivation proceedings, and Supplemental Examination.  In addition, pre-AIA proceedings such as Ex Parte Reexamination, Reissue, and Interference (only for patents having effective filing dates prior to March 16, 2013) also remain useful procedures in certain circumstances.  Our post-grant team is thoroughly skilled in each of these procedures, and we typically begin the post-grant process by helping the client determine which option  will achieve the best result in the most cost-effective manner.