MPEP Q & A 147: Post-Grant Reviews and Civil Actions

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Question:

Can a post-grant review be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent?

Answer:

No, a post-grant review may not be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent.

Chapter Details:

The answer to this question can be found in the following supplement: Inter Partes, Post Grant, and Covered Business Method Review Final Rules. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable.

Section Summary:

This question and answer comes from the following supplement: Inter Partes, Post Grant, and Covered Business Method Review Final Rules. It specifically comes from 35 U.S.C. 325. Here’s a quick summary of this statute:

35 U.S.C. 325: Relation to other proceedings or actions.

35 U.S.C. 325 covers the relation to other proceedings or actions.