Post-Grant Patent Challenges

If litigating the validity of a patent is not feasible, there are other options in the form of a post-grant patent challenge. These proceedings allow an individual to challenge the validity of a specific patent through the United States Patent and Trademark Office. At RHM, we have helped numerous clients navigate post-grant proceedings and question the validity of certain patents after the USPTO has issued them. These proceedings allow third parties to strengthen their own patents and challenge those of competitors. 

Challenging a patent is one method to defend against any accusations of patent infringement. A post-grant patent challenge is faster, less expensive, and more likely to conclude with a successful outcome than heading to the courtroom. We have over sixty years of experience assisting clients with post-grant patent challenges. 

Our post-grant patent challenge services involve the following:

  • Ex parte reexamination of a previously granted patent. 
  • Inter partes review that allows a third party to challenge the value of an issued patent. 
  • Post-grant review to question the validity of a patent based on public use or prior sales. 
  • Derivation proceeding to determine whether the patent was derived from another individual’s work.

Challenging a patent requires a legal team with the skills and experience to represent these claims throughout the entire USPTO administrative proceeding. We invite you to reach out to one of our attorneys to schedule a consultation and discuss the next steps for your post-grant patent challenge.