Grounds include anticipation, obviousness, lack of enablement, inadequate written description, and indefiniteness. Issued patents are presumed valid, requiring clear and convincing evidence to invalidate in district court.
Inter partes review applies a lower standard.
Alternative Names:
Invalidity Defense|Patent Invalidity Challenge
Why it Matters?
The clear and convincing standard in district court makes inter partes review substantially more attractive, since the Board applies a preponderance standard and the technical panel evaluates prior art without a jury. Filing deadlines for review are strict, running one year from service of an infringement complaint. Coordinating the district court and Board proceedings, including stay motions, is a core strategic decision.
Frequently Confused with
Related terms
Frequently asked questions
Why is inter partes review attractive?
What deadline governs review?
