Options Open: Third Party Proceedings Under the AIA

Eugene T. Perez for World Intellectual Property Review

Under the AIA a third party can file a request for ex parte reexamination as a way to attack or amend a patent. Prior to September 16, 2012, a
third party could also file a request for inter partes reexamination. Under the AIA, a third party can now file a petition for an inter partes review (IPR), which replaced inter partes reexamination on September 16, 2012; a petition for a post-grant review (PGR, from March 16, 2013); or a petition for a post-grant validity review of qualified business method patents (PGR for CBM, from September 16, 2012).

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