| | Post Grant Review | Inter Partes Review | Ex Parte Reexamination |
|---|
| Eligibility | Any "First-to-File" patent | Any issued patent | Any issued patent |
|---|
| Timing | Within 9 mos. of issuance | "First-to-File" patents: Later of 9 mos. after issuance or conclusion of any PGR "First-to-Invent" patents: After issuance Pending litigation: One year after complaint served | After issuance |
|---|
| Available Challenges | §§ 101, 102, 103, 112, including public use/ on sale | §§ 102, 103; limited to printed publications | §§ 102, 103; limited to printed publications |
|---|
| Initiation Threshold | More likely than not that at least one claim is unpatentable | Reasonable likelihood that petitioner will prevail on least one challenged claim | Substantial new question of patentability |
|---|
| Petitioner/ Requestor Participation | Active in all stages | Active in all stages | Initial Request only (may reply to Patent Owner's Statement, if filed) |
|---|
| Discovery | Depositions and documents | Depositions and documents | None |
|---|
| Decision Maker | USPTO PTAB (3 APJ panel) | USPTO PTAB (3 APJ panel) | Central Reexamination Unit (3 patent examiners) |
|---|
| Duration | 1-1½ years from Petition | 1-1½ years from Petition | 1-3 years from Request |
|---|
| Estoppel | Grounds raised or could have been raised | Grounds raised or could have been raised | None |
|---|
| Appeal | Either party may appeal to the Fed. Cir. | Either party may appeal to the Fed. Cir. | Patent Owner may appeal to the USPTO PTAB and thereafter to the Fed. Cir. |
|---|
| Anonymity | No | No | Yes |
|---|
