An important set of factors the Patent Trial and Appeal Board considers when deciding whether to institute inter partes review concerns the filing of multiple petitions challenging the same patent. Part I of this two-part series considered the PTAB's current practice. This Part II discusses what the future may hold for multiple filings challenging the same patent in post-grant proceedings, such as inter partes review, post-grant review, and ex parte reexamination, including potential legislative changes. We also consider the interests of petitioners and patent owners in these changes and offer practice tips.

Originally published in Bloomberg Law - November 2019.