This Practice Note discusses key milestones in post-grant patentability challenges at the US Patent and Trademark Office under the Leahy-Smith America Invents Act (AIA). It reviews typical timelines and procedures at key milestones in inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) patentability challenges before the Patent Trial and Appeal Board (PTAB).
A party may not petition for CBM review after September 15, 2020 under the AIA's CBM sunsetting provision. The PTAB will review petitions filed before that date and continue existing CBM proceedings (37 C.F.R. § 42.300(d)).