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Inter Partes Review

Inter partes review is a new trial proceeding before the Patent Trial and Appeal Board that replaces inter partes reexamination. It applies to patents issued before, on, or after September 16, 2012.

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, anticipatory challenges are based on patents or printed publications. In inter partes review, however, challengers fully participate in a trial process before a panel of the new Board’s administrative law judges. Inter partes review offers challengers a simplified, expedient alternative to more costly litigation in federal district court.

Petitions for review may be filed nine months after a patent has been granted or reissued, or following a post-grant review, whichever is later. In most instances, the Patent Trial and Appeal Board will issue a final determination within a year of instituting the proceeding.

Unlike in an ex parte review, unsuccessful challengers are estopped from raising any issue which was or reasonably could have been raised in the inter partes review in any subsequent proceedings before the USPTO, International Trade Commission, or courts. Our Post-Grant Proceedings team can help you determine whether this new AIA option can meet your objectives.