What is the deadline to request a Post Grant Review after a patent grant?

The deadline to file a request for a Post Grant Review after the grant of a patent is 9 months. This timeframe is crucial because it allows third parties to challenge the validity of a patent promptly after it has been issued. The purpose of the Post Grant Review is to provide a mechanism for resolving questions regarding patentability based on issues such as prior art or other substantive patent law criteria, helping to ensure that only valid patents remain enforceable.

This 9-month period is defined in the America Invents Act and is specifically designed to strike a balance between the patent holder's right to enforce their patent and the public's interest in challenging potentially unjust patents. By restricting the window for challenges to 9 months, the law also encourages diligent review of granted patents shortly after issuance, which aligns with the goal of promoting innovation while maintaining the integrity of the patent system.