Patent bar Reexamination, supplemental examination and AIA trials question: patent subject to the first-inventor-to-file provisions issued on March

Patent barReexamination, supplemental examination and AIA trials

A patent subject to the first-inventor-to-file provisions issued on March 3, 2026. No post-grant review has been filed. A competitor, not sued for infringement, wants to file a petition for inter partes review. What is the earliest it may file?

A Only after nine months from grant
B Only after being sued for infringement
C Immediately after the patent issues
D Only after the patent has been in force for one year
E Only after the first maintenance fee is paid

Show the answer and explanation

Answer: A. Only after nine months from grant

Answer: Only after nine months from grant. Under 35 U.S.C. 311(c), an IPR petition may be filed after the later of nine months after grant or, if a post-grant review is instituted, the date that review terminates. During the first nine months the challenger's route is a post-grant review (Trial Practice Guide; 37 CFR 42.102(a)). Why not the others: - Immediately: the first nine months are reserved for post-grant review. - One year: the statutory wait is nine months. - Only after suit: being sued triggers a one-year bar; it is not a precondition. - Maintenance fees: the first maintenance fee window opens years later and has nothing to do with IPR timing. Rule: IPR petitions wait until nine months after grant (or the end of an instituted PGR). Source: 35 U.S.C. 311(c); 37 CFR 42.102(a); Consolidated Trial Practice Guide (Nov 2019); as at Oct 2026

Common mistake

Thinking an IPR can be filed the day the patent issues.

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A patent owner served a complaint alleging infringement on Delta Corp. on February 2, 2026. Delta files an IPR petition against the patent on February 10, 2027, and no exception for joinder applies. What happens?Ex parte reexamination was ordered on a third party's request. The patent owner decides not to file a patent owner's statement. The third-party requester wants to file a reply explaining why the claims should be rejected. May it?A claim recites a mathematical formula for calculating the optimal cure time of rubber, and further recites constantly measuring mold temperature, recalculating the cure time with the formula, and automatically opening the press when the calculated time has elapsed. Under the USPTO's analysis, which conclusion is best supported?

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.