There are going to be many instances when you may want to prove another entity’s patent is invalid. It may be infringing on yours, in some way, such as using a part of it without permission. An inter partes review (IPR) of a patent may help you prove that an existing patent is invalid so you can stop further instances of infringement.

Protecting your IP is often a challenging, but necessary process. The IP attorneys of Emerson Thomson Bennett can help you challenge an existing patent

partsreview attorneys

What is an Inter Partes Review?

An inter partes review is a trial held before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) that assesses whether or not an existing patent is valid. This can review the patentability of one or more claims of a patent. An IPR can be filed for any type of patent.

To file an inter partes review, you must have grounds in 35 U.S.C. § 102 or 35 U.S.C. § 103. Prior art is only relevant to patents and printed publications.

IPR can have several significant benefits for those looking to have a patent’s validity reviewed. This is often considered more cost-effective and efficient than other methods. An IPR can also yield faster results, as a determination is issued within one year, while patent litigation can often take several years.

Who Can File an Inter Partes Review?

Anyone who isn’t the patent owner and who hasn’t filed a civil suit challenging the validity of the patent can file an inter partes review for a patent.

Additionally, you may only file an IPR for a first-inventor-to-file when the patent has been granted for at least nine months. Prior to these nine months, we can assist with requesting a post-grant review instead of an inter partes review. This does not apply to first-to-invent patents.

Protect Your Invention with Emerson Thomson Bennett

At Emerson Thomson Bennett, our experienced team of patent prosecution and patent litigation attorneys do all they can to ensure your IP is safe. We work with you through every step of obtaining the proper protection for your IP. If a patent is not available, we don’t stop there. Our team works diligently to determine if an existing patent is invalid and challenge it if it isn’t. Inter partes review is a vital procedure that can help you gain the protection you need for your IP.

Not only is it important to ensure you obtain the proper protection for your invention, but you also must continue to defend your patent after it has been granted. In addition to assisting those challenging an existing patent’s validity, we can also help if your patent’s validity is called into question.

Emerson Thomson Bennett helps you protect your most important assets. Contact us today for more information.

John Skeriotis

Partner – Litigation Practice Chair

John Skeriotis

Areas of Practice

Intellectual Property, Patent, Trademarks, Copyright, Internet Law, Litigation, Licensing



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