Inter Partes Review (IPR)

Inter partes review became available on September 16, 2012, as a process to challenge the validity of patent claims based on patents and printed publications. Inter partes review can be initiated immediately following issuance of patents filed prior to March 16, 2013. For patents filed on or after March 16, 2013, inter partes review can be initiated during the nine-month window immediately following patent issuance. IPRs are limited to challenges based on printed publications and patents on the grounds of novelty (§102) and obviousness (§103).

IPRs are proceedings conducted in front of a panel of judges at the Patent Trial and Appeal Board (PTAB). As with court cases, the parties to an IPR may collect evidence by deposing witnesses, which evidence is used to support oral arguments before the PTAB. Unlike patent litigation in district court, a challenged patent in an IPR is not presumed valid.

MCG attorneys have been involved in numerous IPRs, where our professionals have represented clients in a wide range of technologies and industries, from biotechnology and chemistry to the mechanical arts.