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Post-Grant Review

A third party may file a petition for a post-grant review of a patent within nine months of the patent issuing. The petitioner must make a showing that it is more likely than not that at least one claim challenged is unpatentable. Any issue under 35 U.S.C. § 282(b)(2) or (3) may be raised. The petition is heard by the Patent Trial and Appeal Board.


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