Small chemical businesses generally do not have sufficient capital to adequately defend themselves in a patent infringement lawsuit. Even innovative companies want assurances that their product is free of existing patent rights before launch. Defense of a patent infringement lawsuit can rapidly drain funds from small chemical businesses even when the asserted patent is believed to be invalid. Fortunately, the U.S. Patent and Trademark Office offers a variety of mechanisms to challenge issued U.S. patents, such as the Post-Grant Review (“PGR”), the Inter-Partes Review (“IPR”), and the Covered Business Method (“CBM”) review. This presentation will provide an overview of the advantages and disadvantages of these U.S. post-grant proceedings.

Strategies for challenging US patent rights

254th National Meeting (2017)

The official archive and repository for all ACS Meetings & Expositions abstracts and select posters or presentations.