What Is Inter Partes Review?
The AIA did away with inter partes reexamination and created an inter partes review (IPR) procedure. Anyone who is not the owner of the patent in question can file a petition for an IPR review to challenge the validity of at least one claim in an already-issued patent. While post-grant review provides a petitioner a forum to challenge a patent on any basis of patentability, IPRs are limited to challenges on the grounds of novelty and non-obviousness based only on patents and printed publications. A challenged patent in an IPR patent review is not presumed valid, unlike in district court litigation (where there is litigation patent judgements).
Because of their limited nature, IPR review proceedings are intended to be streamlined and relatively fast. Discovery and motions are limited, with final determinations issued typically within two years from the date a petition for review was filed. IPRs are trial-like proceedings conducted in front of a panel of administrative patent judges—the Patent Trial and Appeal Board (PTAB). Parties may collect evidence by deposing experts and inventors, and the parties support their inter partes cases with oral arguments before the PTAB.
How Bold Patents Handles IPRs
Bold Patents attorneys are well-versed in many technology fields including Software, Physics, Microbiology, Chemistry, and Mechanical, Electrical, Industrial and Aeronautical Engineering. Our Patent Attorneys have recently sat for the most recent AIA Patent Bar which tests the intricate details of the Post-Grant proceedings including IPR patent review. With knowledge of the technology and razor-sharp knowledge of the law, Bold Patents is well-positioned to help you with your next IPR case. Talk with us today to learn more about how we can help.