Inter partes review (IPR) is a proceeding to challenge the validity of an issued patent at the United States Patent and Trademark Office (USPTO). If instituted, an IPR can be a quicker, more cost-effective option to challenge a patent than federal court litigation may provide.

IPR on Behalf of Patent Holders and Patent Challengers

Inter partes review (IPR) provides a means to engage in a patent challenge post-issuance outside of federal court litigation. A challenger may file an IPR petition to request to cancel one or more claims of an issued patent only on the grounds of anticipation (35 U.S.C. § 102) and/or obviousness (35 U.S.C. § 103) and based only on patents or printed publications. IPR is intended to be similar to a validity challenge that would ordinarily take place in the federal courts, and IPR proceedings are adjudicated by a panel of Administrative Patent Law Judges in the Patent and Trial Appeal Board (PTAB) at the USPTO.

Patent Challenge

Patent challengers may find IPR, if it is instituted, to be effective, efficient, lower-cost option than federal court litigation to challenge the validity of a patent post-issuance. However, because institution of an IPR proceeding is not a matter of right, a patent holder faced with an IPR petition should consider providing arguments at the outset to attempt to convince the PTAB that there is not a reasonable likelihood that the challenger will prevail and avoid IPR institution.

Combining our experience in patent prosecution as well as patent litigation, we serve both patent holders and patent challengers with IPR proceedings as well as with other post-issuance patent proceedings.

You can find more information about defending against IPR proceedings in our white paper, IPR Defense 2017 – Learning from Denied IPR Petitions.

As a patent law firm, our patent lawyers can assist with advising on inter partes review (IPR) proceedings legal issues. See our Patents service line page for additional information about inter partes review (IPR) proceedings legal services.