Comparison of Post-Grant Proceedings

	Ex Parte Reexamination	Post-Grant Review	Inter PartesReview	Covered Business Method Review
Eligible patents	Any unexpired patent.	Any patent having at any time a claim with an effective filing date after March 16, 2013; eligibility extends only nine months from the date of issuance of the patent.	Any unexpired patent, unless patent is eligible for or subject to Post-Grant Review.	A "covered business method" patent is any patent that claims a method of corresponding apparatus for performing operations used in the practice, administration, or management of a financial product or service; does not include patents for technological inventions.
Possible Bases for Request	Novelty and obviousness issues only, and only on the basis of printed publications and patents and admission of claim scope by owner.	Novelty, obviousness and requirements of 35 U.S.C. §112, first paragraph other than best mode. Not limited to patents and printed publications.	Novelty and obviousness requirements only, and only on the basis of printed publications and patents.	Any ground of invalidity for patents granted under first-to-file provisions; for patents granted under the first-to-invent provisions, limited prior art is available.
Possible Requester	Third party, patent owner, USPTO Director.	Any person who is not the patent owner and has not filed a civil action challenging the validity of a patent.	Any person who is not the patent owner and has not filed a civil action challenging validity of the patent.	Person who is sued or charged with infringement of a covered business method. A cease and desist letter likely counts as being "charged" with infringement.
USPTO Standard for Granting Request	Substantial new question of patentability	More likely than not that at least one claim is unpatentable or if novel or unsettled legal question is raised.	Reasonable likelihood that petitioner would prevail with respect to at least one claim.	More likely than not that at least one claim is unpatentable. Must be a covered business patent.
Requester Anonymity	Can remain anonymous.	Real party in interest must be named.	Real party in interest must be named.	Real party in interest must be named.
Third Party Requester Right to Participate	Limited to initial request and a reply to the patent owner's statement; No right to participate in substantive reexamination.	May brief issues and submit declarations of supporting evidence and opinions; Right to oral hearing.	May brief issues and submit declarations of supporting evidence and opinions; Right to oral hearing.	May brief issues and submit declarations of supporting evidence and opinions; Right to oral hearing.
Opportunity for Discovery	None	Discovery generally limited to cited documents, cross-examination of declaration testimony, and information inconsistent with positions advanced during the proceedings.	Discovery generally limited to cited documents, cross-examination of declaration testimony, and information inconsistent with positions advanced during the proceedings.	Discovery available for evidence "directly related to factual assertions advanced by either party." Routine discovery includes cited documents, cross-examination of declaration testimony, and information inconsistent with positions advanced during the proceedings.
Requester Right to Terminate	None	Proceeding can be terminated by settlement between the parties (unless Office has already decided the merits).	Proceeding can be terminated by settlement between the parties (unless Office has already decided the merits).	Proceeding can be terminated by settlement between the parties (unless Office has already decided the merits).
Estoppel from Prior Civil Action	None	May not be instituted or maintained if petitioner has filed civil action challenging validity of claim in patent; A counterclaim challenging validity is not an action challenging validity.	May not be instituted or maintained if petitioner has filed civil action challenging validity of claim in patent; A counterclaim challenging validity is not an action challenging validity.	May not be instituted or maintained if petitioner has filed civil action challenging validity of claim in patent; A counterclaim challenging validity is not an action challenging validity.
Estoppel in Later Proceeding	None	USPTO, civil actions, ITC proceedings; estoppel as to a claim that was raised or reasonably could have been raised by petitioner for any claim that results in a final written decision.	USPTO, civil actions, ITC proceedings; estoppel as to a claim that was raised or reasonably could have been raised by petitioner for any claim that results in a final written decision.	USPTO, civil actions, ITC proceedings; estoppel as to a claim that was raised or reasonably could have been raised by petitioner for any claim that results in a final written decision. Civil Actions, ITC proceedings; estoppel as to a claim that was raised by a petitioner for any claim that results in a final written decision.
Time Limits for Making Request	None (any time during enforceable life of a patent).	During the 9 month window from grant.	If Post Grant Review is available, after the later of 9 months from grant or termination of post-grant review proceeding. If Post Grant Review is not available, then Request may occur at any time. May not be instituted if request is filed more than one year after requestor or related party is served with infringement complaint .	If Post Grant Review is available, after the later of 9 months from grant or termination of post-grant review proceeding. If Post Grant Review is not available, then Request may occur at any time.
Estimated Time to Completion	USPTO Director (decision made within 3 months)	USPTO Director (decision not appealable)	USPTO Director (decision not appealable); decision made within 3 months	USPTO Director (decision not appealable); decision made within 3 months
Right to Appeal Final Decision	Only patent owner may appeal; Appeal initially goes to the Board of Patent Appeals & Interferences then directly to Federal Circuit	Either party can appeal; Appeal goes directly to Federal Circuit	Either party can appeal to Federal Circuit.	Either party can appeal to Federal Circuit.
Litigation Stays	Motions to stay litigation decided according to common law.	Motions to stay litigation decided according to common law.	Motions to stay litigation decided according to common law.	Motions to stay litigation decided according to four-part test. Denials of motion to stay related to litigation subject to interlocutory appeal.