What is a patent reexamination?

What is an ex parte (1-sided) patent reexamination request? If you have hundreds of thousands of dollars to fight a patent, you can pursue litigation-like options such as Post Grant Review (PGR) or Inter Partes Review (IPR). If not, an ex parte reexamination request may arguably be the most affordable way to challenge a patent. […]

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How to challenge patents (with lower costs)

What are less expensive ways to challenge patents? As a patent attorney, it’s my job to protect innovation. Innovation is wonderful, but so is fair competition. Competition, in general, is good for consumers because it raises the level of quality and lowers prices. Fair competition respects the valid IP rights of innovators. Just as there […]

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What is required in a petition for IPR?

A petition for IPR must meet certain statutory requirements and include the following contents: payment of the USPTO fee; identification of all real parties in interest; grounds for standing; identification of each challenged claim and the basis for its invalidity (Section 102 or 103); claim construction for each challenged claim; specific explanations of the relevance of […]

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How much does IPR cost?

A rough ballpark estimate of the costs of an inter partes review is approximately $300K to $600K.  That is by no means cheap, but may still be considered a bargain compared to the costs of defending a patent infringement litigation in federal court which could easily reach $1-4 million or more. If an IPR is instituted, USPTO […]

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