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Inter Partes Review

Cantor Colburn has the in-depth technical training and legal experience to help clients assess whether an inter partes review is an appropriate course of action, as well as provide astute representation throughout the proceeding.

As in ex parte reexamination,  patent may on be challenged for anticipation or obviousness based on prior art patents or patents or printed publications. Unlike in ex parte reexamination, however, IPR petitioners fully participate in a trial process before a PTAB panel of administrative law judges. IPR offers petitioners a simplified, expedient alternative to more costly litigation in federal district court.

IPRs for patents having an effective filing date prior to March 16, 2013 may be filed at any time,  whereas IPRs for patents with effective filing dates on or after March 16, 2013 cannot be filed until nine months after the  patent issues (or reissues), or following a post-grant review, whichever is later. In most instances, the PTAB will issue a final determination within a year of instituting the proceeding.