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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS