A petition must be filed within one year of service of an infringement complaint and may raise only anticipation and obviousness based on patents and printed publications. The Board applies a preponderance standard.
Estoppel attaches to grounds raised or reasonably could have been raised.
Alternative Names:
IPR|Inter Partes Review Proceeding
Why it Matters?
Estoppel is the principal cost, since a petitioner is barred from later asserting in district court any ground raised or that reasonably could have been raised, which forecloses prior art strategies not included in the petition. Petition drafting must therefore anticipate the full invalidity case rather than leading with the strongest grounds alone. Discretionary denial practice has also fluctuated, affecting institution likelihood.
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Related terms
Frequently asked questions
What is the principal cost?
What does that require of the petition?
