Inter Partes Review and what you need to know

Inter Partes Review and what you need to know

On Behalf of | Jan 11, 2022 | Patent Litigation |

Obtaining a patent for a Mountain View area business is often critical for the business’s success. It gives patent holders the right to take legal action against anyone who misuses their protected work and gives the company a competitive edge. Yet, challenges to patents frequently arise. One example of a challenge is an Inter Partes Review (IPR). An IPR is a trial proceeding challenging one or more claims in a patent. There are three critical details to an IPR.

Timeline

Those who want to file a petition for IPR for first-inventor-to-file patents must do so either nine months after the patent is granted or upon the termination of post-grant review, whichever is later. The patent holder can file a response within 3 months. If it seems the petitioner may be successful an IPR can be started. The final decision is made within one year.

Purpose

An IPR can be faster and less expensive than litigation when it comes to patent challenges. However, those who do not hold the patent can only request an IPR on specific grounds detailed in the America Invents Act.

Possible Outcomes

In most cases the Patent Trial and Appeal board will grand an IPR. For the claims that get to this point, over 86% are cancelled. No matter what the outcome, both sides are able to file an appeal.

Trial proceedings such as an IPR can be very complex. An attorney who specializes in patent litigation understands that the stakes are high for their client and can help represent their client through the entire process.