United States: Oil States Q&A: Will Oil States Affect Other Types Of PTAB Trials, Like Covered Business Method Reviews (CBM) And Post-Grant Reviews (PGR)?

Will Oil States affect other types of PTAB trials, like Covered Business Method Reviews (CBM) and Post-Grant Reviews (PGR)?

There are some differences between IPRs, CBMs, and PGRs, but they are all decided by the same administrative body—the PTAB within the Patent Office—and all consider "the same statutory requirements that the PTO considered when granting the patent."¹  They also all provide the same relief to the petitioner, which is cancelation of patent claims if the petitioner meets its burden. These were two of the operative facts that led to the Oil States constitutionality finding for IPRs, and it appears that those similarities would also support Article III and Seventh Amendment constitutionality for CBMs and PGRs.

Footnotes

1 Slip op. at 8.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.