IPR Drafting Tips To Conquer Barriers To Institution

Law360 (July 23, 2019, 2:45 PM EDT) -- Drafting a successful petition for inter partes review is no small feat. There are a plethora of substantive and procedural hurdles for a petitioner to overcome before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board will reach the merits of the case. Some well-known and abundantly discussed hurdles derive from Sections 314(a), 315(b) and 325(d) of the Patent Act. These sections present threshold issues for petitioners seeking institution. While generally well-known, the nuanced application of these sections is ever-evolving, often to the detriment of the petitioner.

Section 315(b) — One-Year Time Bar

Section 315(b) of the Patent Act...

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