Glossary

A Post Grant Review (PGR) is a trial proceeding conducted at the PTAB, in which a party contests that an issued patent is invalid on any grounds that were a condition for patentability, including §102, §103, §112. A PGR must be initiated within 9 months of the grant of a patent.

A plant patent is issued for a new and distinct, invented or discovered asexually reproduced plant, other than a tuber propagated plant or one found in an uncultivated state. A plant patent lasts for a period of 20 years from the date of filing.

The Patent Trial and Appeal Board (PTAB) is an administrative body operating under the USPTO. The PTAB includes two divisions, including: (1) the Appeals Division, which reviews appeals from patent examiner rejections of pending applications; and (2) the Trial Division handles post-grant review cases in Inter Partes Review (IPR), Post Grant Review (PGR), Covered Business Methods (CBM), as well as Deriviation Proceedings.