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 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 evidenced relied upon; and
  • copies of evidence relied upon and any supporting expert declarations.

The petitioner must serve the IPR petition and accompanying exhibits upon the patent owner at the correspondence address of record for the subject patent.

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