What is an ex parte (1-sided) patent reexamination request? Suppose you have at least $500,000 to spend challenging a patent. With a sizable budget, you can pursue litigation-like options such as Post Grant Review (PGR) or Inter Partes Review (IPR). But, what if you don’t have hundreds of thousands of dollars to spend? An ex […]
Category: USPTO Patent Challenges
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 […]
What is required in a petition for IPR?
What are IPR petition requirements? IPR stands for Inter Partes Review which is a proceeding held before the Patent Trial and Appeal Board of the USPTO to challenge the validity of a patent. A petition for IPR must meet certain statutory requirements and include the following contents: payment of the USPTO fee; identification of all […]
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 […]
Is IPR (Inter Partes Review) a Better Way to Defend a Patent Infringement Lawsuit?
Inter Partes Review, or IPR, is a mini-trial held before the USPTO’s Patent and Trial Appeal Board (PTAB) to cancel specific claims of a patent on the grounds of invalidity – i.e., that the patent claims nothing new in view of the prior art. The timeframe, scope of discovery and costs of an IPR are significantly lesser than those […]