PostGrant

Postgrant refers to formal procedures and processes that take place after a patent has been granted, aimed at reviewing, challenging, amending, or revoking the issued claims. In many jurisdictions, postgrant mechanisms are designed to improve patent quality and balance the interests of patent holders with the public domain by providing an efficient path to raise questions about validity or scope without resorting to full litigation. Common forms include post-grant review, inter partes review, and opposition procedures.

In the United States, postgrant practice includes post-grant review and inter partes review. Postgrant review is available within a limited window after grant and allows broad challenges to a patent’s validity on specified grounds. Inter partes review operates after the initial period and focuses on prior art and other patentability issues. Both processes are conducted at the patent office and can lead to claim amendments or patent cancellation. They typically feature estoppels that restrict later litigation on raised grounds, and they involve structured procedures with petitions, responses, evidence submission, and oral hearings, usually culminating in a final written decision.

In Europe, postgrant opposition procedures allow third parties to challenge a granted European patent within a defined time frame, commonly nine months from grant. Oppositions can request revocation or amendment of claims and are decided by the European Patent Office with possibilities for appeal and for patent owner replies, oral proceedings, and continued prosecution before the EPO if necessary. Other jurisdictions maintain similar postgrant options, sometimes under different names, such as opposition or postgrant review.

Overall, postgrant mechanisms serve as checks on grant quality, offer a less costly alternative to litigation, and influence patent risk and licensing strategies. Critics argue they can introduce uncertainty and strategic behavior, while supporters view them as essential for public-domain balance and patent quality.