A second procedure is Post Grant Review, which available for challenging a patent for the first nine months following the Patent Office issuing a patent under the new America Invents Act. Similar to an IPR, Post Grant Reviews allow for an expedited challenge to the validity of a patent by third parties. Post Grant Review proceedings allow for broader types of challenges to the validity of a patent than are available in an IPR. The Patent The financial cost of enforcing a patent against a potential infringer is highly dependent upon the complexity of the case, but legal expenses alone can easily reach hundreds of thousands of dollars. If a case makes it all the way to trail without first settling (the vast majority of patent disputes settle before making it to trial), the expenses can run into the millions of dollars. Very few attorneys are willing to litigate such cases for a fee contingent upon winning the case. It is of course possible to recoup part or all of the legal costs should the patentee win, but this prospect is never certain in advance of the court action. It is possible to avoid the costs associated with litigation by arbitrating an infringement dispute, but arbitration requires both parties (i.e., the patentee and the potential infringer) to agree to arbitrate. Generally speaking, the chance of getting such an agreement is poor. Patent protection offered by a valid United States patent extends only to the making, using and selling of the patented invention in the United States. A third party may make, use or sell the patented invention in any other country without infringing the U.S. patent. To obtain patent protection in foreign countries it is necessary to file a patent application in each of the countries where
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