Ex-Parte Reexam vs. Inter-Partes Reexam vs. Post-Grant Review 

Suppose you’re running a business using certain methods or technological devices, and suddenly a patent is granted that threatens your operations. You believe the patent to be at least partially invalid based upon prior patents or printed documents, and you weigh your options for challenging the newly granted patent.  One way is to file a declaratory judgment action in federal district court seeking to invalidate the patent. This type of legal action, however, is costly and time consuming. Fortunately, there are options for challenging a patent within the U.S. Patent and Trademark Office (USPTO) system.  There are now three popular avenues for...

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