PRACTICAL FIRSTHAND EXPERIENCEPatent Trial & Appeal Board
Yang Law represents both patent owners and petitioners across Illinois and nationwide before the PTAB —
Many patent disputes end up at the Patent and Trial Appeal Board. The Patent Trial and Appeal Board (PTAB) is a tribunal within the United States Patent and Trademark Office (USPTO). It is primarily responsible for adjudicating disputes related to the issuance and validity of patents.
How We Help
For businesses accused of patent infringement or that seek to challenge a patent's validity, post-grant proceedings are often considered a strategic alternative to federal litigation. Post-grant proceedings are generally faster and less expensive than federal litigation. Additionally, the standard of proof required to invalidate a patent is lower than in federal court, and businesses can rely on highly technical judges to oversee the case.
However, the rules and procedures surrounding PTAB proceedings are evolving, and intolerant of mistakes. A successful case requires comprehensive patent knowledge, advocacy and trial skills, and experience before the PTAB.
Our law firm has significant experience in post-grant proceedings before the PTAB. We understand the intricacies of PTAB trials and have a record of success in navigating these complex proceedings. With deep knowledge of patent laws and PTAB procedures, we can help guide you through the process, whether you seek to challenge the validity of a competitor's patent or defend your own patent rights.
Cases We Handle
Yang Law represents businesses in all types of proceedings that the PTAB holds authority, including:
Inter partes review (IPR). IPR is a post-grant proceeding in which a third party has challenged the validity of one or more claims in an issued patent. IPR proceedings are limited to challenges based on lack of novelty or obviousness and only based on prior patents and printed publications.
Post-grant review (PGR). PGR is a post-grant proceeding in which a third party has challenged the validity of a recently issued patent on any patentability grounds. A petitioner must initiate PGR within nine months of a patent's issuance or re-issuance.
Derivation proceedings. Derivation proceedings are proceedings in which a patent applicant challenges an earlier applicant's right to patent. A derivation proceeding may be initiated by a petitioner who believes that an inventor named in an earlier application derived the claimed invention from them.
Additionally, the PTAB hears appeals from adverse patentability decisions by patent examiners in original applications, reissues, and reexaminations.
In high-stakes patent disputes, it is not uncommon for a case to go to trial after a PTAB proceeding in appeal. We aim to present and resolve our clients' cases at the PTAB to withstand appellate review. However, in the event of an appeal, we have significant success appearing before the US Court of Appeals for the Federal Circuit.