To Join or Not to Join?

January 2021

CIPA Journal

By Courtney A Bolin; Timothy P. McAnulty

Before the Patent Trial and Appeal Board (‘PTAB’ or ‘Board’), joinder is a procedure that permits a party to join an earlier-filed inter partes review (‘IPR’) proceeding. Under 35 U.S.C. §315(c), the Director of the United States Patent and Trademark Office (‘USPTO’) may join, to an instituted IPR, any person who properly files a petition that meets the requirements set out under 35 U.S.C. §311. Importantly, the one-year time bar for filing petitions after a party is sued for infringement (separately set by statute) does not apply to a request for joinder.

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Originally printed in CIPA Journal on January 2021. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.