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 fees alone start at $23,000.

In view of these six-figure costs, it makes a great deal of sense to invest in thorough prior art searching.

Federal court judges have generally been favorable to staying, or suspending, a pending patent lawsuit to wait for the outcome an IPR which concludes within 1 year from the date of institution. Therefore, patent infringement defendants can defer hefty litigation costs, particularly those associated with litigation discovery, while contesting the validity of the patent-in-suit before the Patent Trial and Appeal Board (PTAB) at the USPTO.

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Vic Lin

Startup Patent Attorney, Cofounder at Innovation Capital Law Group
We align ourselves with Davids fighting Goliaths. Our registered patent attorneys help innovators get IP that drives funding, growth and sales. Email or call us so we can get to work on your IP: (949) 223-9623 | vlin@icaplaw.com