PTABObservations & Oppositions builder

Post-grant review petition

35 U.S.C. 321 to 329; 37 CFR part 42

A PTAB trial to cancel claims of a newly granted AIA patent, open for 9 months from grant, on the widest range of grounds the USPTO hears after grant.

Start an invalidity search How IPtorch builds it
Ground 1: claim 1 over D1 and D2 Limitation D1 D2 1a 1b 1c 1d 1e Disclosed col. 3, ll. 5-9 Disclosed col. 4, ll. 12-19 Partial Fig. 2 Disclosed col. 6, ll. 1-4 Not found Disclosed col. 5, ll. 22-30 Disclosed col. 7, ll. 3-8
Every limitation, a status and a location.

At a glance

9 months from grant

USD 25,000 plus USD 34,375, both on filing (checked 22 Sep 2026)

Who can file
Any person other than the patent owner, unless it already sued on validity or is estopped. Not a US federal agency.
Deadline
No later than 9 months after grant or reissue (35 U.S.C. 321(c)). Not extendable.
Official fee
USD 25,000 request plus USD 34,375 post-institution, both on filing, up to 20 claims; USD 595 plus USD 1,315 per claim over 20.
Anonymous
No. Every real party in interest is named (37 CFR 42.8(b)(1)).
Representation
Not strictly required. If counsel appears, lead counsel is a registered practitioner and at least one back-up is named.
How it is filed
Through P-TACTS, with a MyUSPTO account.
Effect
If instituted and taken to a final written decision, unpatentable claims are cancelled.
Party status
Full party, with discovery and appeal, and estopped afterwards on any ground raised or reasonably raisable.

What it is

Post-grant review petition, in brief

Post-grant review is a contested trial before the Patent Trial and Appeal Board in which anyone other than the owner asks the USPTO to cancel claims of an AIA (first-inventor-to-file) patent. The petition must be filed within 9 months of grant or reissue.

Among USPTO challenges to a granted patent, only post-grant review reaches 101, 112 (except best mode), and public use or on-sale art, as well as 102 and 103. The petitioner is a full party. A final written decision estops it on every ground raised or that reasonably could have been raised.

Grounds it can carry

  • Patent-ineligible subject matter35 U.S.C. 101
  • Anticipation by patents or printed publications35 U.S.C. 102
  • Prior public use or on sale35 U.S.C. 102(a)(1)
  • Obviousness35 U.S.C. 103
  • Lack of written description or enablement35 U.S.C. 112(a)
  • Indefiniteness35 U.S.C. 112(b)

Use it when

  • The AIA patent was granted or reissued under 9 months ago, ideally under 6 to allow for the expert declaration.
  • The weakness is one IPR cannot reach: 101, 112 written description, enablement or indefiniteness, public use or on sale.
  • Only obviousness is available but speed matters: an AIA patent cannot be attacked by IPR for 9 months.

Choose another route when

How IPtorch builds it

From search to filing, minus the signature.

The invalidity search runs on into this filing when it ends, with no second click. Three model families take turns, so a draft is never checked by the model that wrote it.

  1. 1SearchClaims split into limitations, thousands of candidates screened, at least 50 references read in full.Gemini models read and check
  2. 2Claim mapA verbatim quotation and its location behind every limitation.Every cell checkable
  3. 3DraftWrites the papers in the office's format and language.Claude Opus 5.5 (Anthropic)
  4. 4ReviewChecks each citation against its document and builds the forms.Sol 6 (OpenAI)
  5. 5AdjudicateHigh strength: a third family rules on every objection.Gemini 3.1 Pro (Google)
  6. 6FolderUnsigned PDFs, ready for a professional to review, sign and file.Nothing is filed

What the builder does for this filing

  • IPtorch first pleads eligibility for post-grant review: the claim with an effective filing date on or after 16 March 2013 and its chain, cited to the file history.
  • For every prior art ground it states where each element of each challenged claim is found, with pinpoint exhibit citations; for 101 and 112 it names the claim language that fails.
  • The whole argument goes in the petition, written to the more-likely-than-not standard within 18,700 words; discretionary-denial material stays out.
  • It checks that filing is at least 2 weeks before the 9-month deadline, leaving room to cure a defect, and refuses best mode as a ground.

In the folder

  • Petition for post-grant reviewWith 42.8 mandatory notices, exhibit list and claim listing
  • Petitioner's exhibit listExhibits numbered from Ex. 1001 under 37 CFR 42.63(e)
  • Word count and service certificatesAppended to the petition; 18,700-word limit checked
  • Power of attorney and counsel data sheetUnder 37 CFR 42.10(b), for an officer of each petitioner
  • Expert declaration skeletonStructure only; the expert supplies the substance
  • Discretionary denial assessmentInternal, never filed with the petition
  • Copies of every cited documentAs numbered exhibits; translations carry an accuracy affidavit

Builder strength

You choose how hard it is checked.

You pay for the tokens the sessions use, at the models' list prices plus a 30% fee, not for the time allowed. How pricing works

Low

40 minutesabout 10 million tokens (roughly $10 to $30)

  1. Opus 5.5 drafts the submission
  2. Sol 6 builds and checks the final forms

Medium

2 hoursabout 20 million tokens (roughly $20 to $60)

  1. Opus 5.5 drafts the submission
  2. Sol 6 reviews and rebuilds the content
  3. Opus 5.5 builds the filing folder
  4. Sol 6 checks the form

High

5 to 6 hoursabout 60 million tokens (roughly $50 to $200)

  1. Opus 5.5 drafts the submission
  2. Sol 6 runs a deep prior-art search
  3. Opus 5.5 rebuilds the submission against the evidence
  4. Sol 6 attacks it as an adversarial examiner
  5. Gemini 3.1 Pro adjudicates the objections
  6. Opus 5.5 applies the fixes and builds the filing folder
  7. Scripted checks of the filing folder
  8. Sol 6 audits the whole folder
  9. Convergence gate

If the gate fails, one repair round: opus 5.5 repairs what the gate found, sol 6 audits the repair, convergence gate, again.

What stays with you

You review, sign and file.

  • Lead or back-up counsel signs the petition and word count certificate, with registration number.
  • An officer of each petitioner signs the power of attorney; the expert signs the declaration.
  • Confirm in writing the real parties in interest, privies, funders, indemnitors and any prior civil actions.
  • File in P-TACTS and pay USD 59,375 on filing for up to 20 claims.

Where these go wrong

What the builder guards against.

  • Eligibility read from the grant date instead of the effective filing date: a missed pre-2013 priority chain puts the patent outside post-grant review.
  • The petitioner or a real party in interest filed a declaratory judgment action on validity first, which bars the petition.

More filings in United States

USPTO, PTAB and federal courts

All 17 filings

Start with the evidence.

Upload the patent or enter its number. The invalidity search charts every claim, and the builder takes it from there.

Start an invalidity search

Facts checked against the office's rules on 22 September 2026. IPtorch is not a law firm and this page is not legal advice. The builder's output is unsigned work product for a registered professional to review, sign and file; nothing is filed and no fee is paid for you. Confirm current requirements, fees and deadlines with the receiving office.