May 01, 2013
Authored and Edited by Adriana L. Burgy; Jeffrey A. Berkowitz
The Basics: IPR is short for inter partes review. IPR is a new trial proceeding conducted by the USPTO’s Patent Trial and Appeal Board (PTAB). A third party can file an IPR petition challenging the patentability of one or more claims in a patent for novelty (35 U.S.C. § 102) or obviousness (35 U.S.C. § 103) in view of patents and/or printed publications. The petition can be filed 9 months after the grant of the patent or issuance of a reissue patent or, if a post grant review is instituted, following termination of the post grant review.
Five Considerations BEFORE Filing: Here are five considerations before filing an IPR:
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