Inter Partes Review

An Inter Partes Review, or IPR, is a petition-initiated proceeding at the Patent Trial and Appeal Board, or PTAB. An IPR challenge evaluates the patentability of a patent under 35 U.S.C. §§ 102 and 103. No challenges in the petition can address other grounds like § 101 or § 112. Estoppel provisions are governed by § 315. The main estoppel is a one-year bar precluding an IPR by a petitioner, privy, or real party in interest more than one year after service of a complaint.

The USPTO’s final rules for inter partes review were released on August 14, 2012 and are linked below:

• Final Rules for Inter Partes Review

• Final Rules for Trials before the Patent Trial and Appeal Board

• Practice Guide for Final Trial Rules

• Technical Corrections to the Leahy-Smith America Invents Act as to Inter Partes Review