Inter Partes Review: The Good, The Bad And The Ugly

Law360, New York (April 9, 2012, 1:22 PM EDT) -- The Leahy-Smith America Invents Act creates, among other new proceedings, an inter partes review (“IPR”) procedure for challenging patent validity. On Sept. 16, 2012, IPR will replace current inter partes re-examination.

The Good

IPR allows a third party to challenge a patent for lack of novelty and/or nonobviousness based only on patents and printed publications. These proceedings will be litigation-like concluding with an oral argument held before a three-judge panel of the newly created Patent Trial and Appeal Board, not a patent examiner. Petitioners will be...
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