PCTmenettelyn

PCTmenettelyn is a term that refers to the procedural steps involved in a Post-Grant Review (PGR) or an Inter Partes Review (IPR) at the United States Patent and Trademark Office (USPTO). These are administrative trial proceedings conducted by the Patent Trial and Appeal Board (PTAB) to review the validity of granted patents.

The process generally begins when a third party files a petition for either a PGR or an IPR, challenging one or more claims of an issued patent. For PGRs, the petition must be filed within nine months of the patent grant. IPR petitions can be filed anytime after nine months from the patent grant or after a PGR has terminated. The petitioner must provide substantial evidence to demonstrate a reasonable likelihood that at least one of the challenged claims is unpatentable.

The USPTO then reviews the petition for compliance with statutory requirements and issues a notice of institution if the petition meets the threshold for review. Once a proceeding is instituted, the patent owner has an opportunity to file a response. The petitioner may then file a reply. The PTAB may also allow for oral arguments and the submission of additional evidence.

The PTAB's decision is typically issued within one year from the date of institution, though extensions are possible. The outcome can be a final written decision upholding the patentability of the challenged claims, invalidating them, or amending them. Decisions from the PTAB can be appealed to the United States Court of Appeals for the Federal Circuit. PCTmenettelyn encompasses all these stages, from petition filing through to the final decision and potential appeal.