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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 […]
The post MPEP Q & A 147: Post-Grant Reviews and Civil Actions appeared first on Patent Education Series.
By Lisa Parmley, USPTO Patent Practitioner #510063.9
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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 […]
The post MPEP Q & A 147: Post-Grant Reviews and Civil Actions appeared first on Patent Education Series.

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