Inter Partes Review (IPR)

Inter partes review (IPR) is an administrative trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications.

The IPR process begins with a third party (a person who is not the owner of the patent) filing a petition after the later of either: (1) 9 months after the grant of the patent or issuance of a reissue patent; or (2) if a post grant review is instituted, the termination of the post grant review.

The patent owner may file a preliminary response to the petition. An inter partes review may be instituted upon a showing that there is a reasonable likelihood that the petitioner would prevail with respect to at least one claim challenged. If the proceeding is instituted and not dismissed, a final determination by the Board will be issued within 1 year (extendable for good cause by 6 months).  

Smith & Hopen has substantial experience in IPR proceedings including defending patents against Apple, Samsung, Google and other petitioners.   The firm was the first in history to obtain a denial of institution in a related proceeding call the Covered Business Method Review (CBM2    013-00047).

Flowchart to IPR Process (inter partes review of a patent before PTAB)



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