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The PTAB may grant post-grant review of a patent where it is more likely that at least one claim is unpatentable, or the petition raises a novel or unsettled legal question that is important to other patents or patent applications.

The PTAB may grant inter partes review of a patent when there is a reasonable likelihood that the petitioner would prevail as to at least one challenged claim.

Post-Grant Review Section 6 of the AIA establishes the post-grant review procedure in which a party may seek cancellation of patents on any validity ground that could be raised under paragraph 2 or 3 of Section b of the Patent Act, 35 U.The ex parte re-examination procedure is available at any time as long as the patent is enforceable.If it can be filed within a year from service of the complaint, the IPR procedure is very attractive for a defendant facing patent infringement litigation if the defendant believes that the ultimate outcome depends on the validity of the asserted claims.The procedure applies only to patents issuing from applications having an effective filing date after March 16, i.The PTAB may whisper piece partes review of a call when there is a locked husband that the intention would paten as to at least one compared claim.

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