Ex Parte Reexam | Post-Grant Review (PGR) | Inter Partes Review (IPR) | |
---|---|---|---|
Who can initiate? | Patent Owner or Third Party | Third Party Only | Third Party Only |
Deadline for Filing | After grant, up to 6 years past expiration | Within 9 months after grant | 9 months or more after grant |
Length of Time | 24-36 months | 12-18 months | 12-18 months |
Basis for Filing | Printed prior art | All grounds | Printed prior art |
Overseeing Branch | Different USPTO Examiner | PTAB Judges | PTAB Judges |
Discovery/Evidence | Declaration | Declaration & Depositions | Declaration & Depositions |
Appeal | PTAB then Federal Circuit (Only Patent Owner) | Federal Circuit (Both Parties) | Federal Circuit (Both Parties) |
Extent of Estoppel after Final Decision | None | Both Parties | Both Parties |
