Inter Partes Review, Developments And Procedures

Inter partes review is a streamlined U.S. Patent and Trademark Office procedure that was implemented by the America Invents Act. It allows a challenge to patents by a party that is not the patent owner and has not previously filed a civil action challenging the validity of a claim. IPRs have proven to be the best and most cost-effective way to invalidate a competitive patent, but filing an IPR petition does carry risks. Attorneys from McAndrews, Held & Malloy consider the pluses and minuses of this increasingly popular procedure.