On September 16, 2012, the USPTO implemented the Post Grant Review (PGR) provisions of the America Invents Act. Post Grant Reviews may be filed by third-parties within nine months of a patent grant date or reissuance of a patent. Third parties may challenge one or more claims in an issued patent. The petition for PGR cannot be anonymous and must identify all real parties. The petition must be accompanied by copies of all patents or printed publications and any affidavits containng supporting evidence or opinion. The petition and all supporiting evidence must be supplied to the patent owner or the owner’s representative. The PGR proceedings are public.
The PGR is to be used to challenge a patent claim outside of civil litigation. A third party is not permitted to file for PGR if a civil action challenging the validity of a claim of the patent, including a declaratory judgment action) has been filed.
For more information, visit the “AIA Implementation page(USPTO AIA Implementation)”:http://www.uspto.gov/aia_implementation/index.jsp at the USPTO