An IPR is a process for challenging the validity of a U.S.
Patent. The challenge is limited to the use of prior art patents
and printed publications. 35 U.S.C. §311(b). In general, the
invalidity challenge would be that the patent is anticipated by the
prior art (35 U.S.C. §102) and/or rendered obvious by the
prior art (35 U.S.C. §103). IPRs were first available for use
on September 16, 2012.
The statutory basis for the IPR process is found in 35 U.S.C.
§§311-319. The regulations applying to the IPR process
are found in 37 C.F.R. §§42.1-42.80 (Trial Practice &
Procedure) and 37 C.F.R. §§42.100-42.123 (Inter Partes
Review). General guidance for the IPR trial procedure is found in
the Office Patent Practice Guide, and the orders issued by the U.S.
Patent and Trademark Office Patent Trial and Appeal Board (Board)
as part of the ongoing IPRs. Appeals from a Board decision in an
IPR are made to the Court of Appeals for the Federal Circuit
(CAFC). 35 U.S.C. §319. As of
