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ARTICLE · 22 FEBRUARY 2019

Is RPI No Longer An Issue At The PTAB?

Ropes & Gray LLP
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A properly filed AIA trial trial petition must name all real-parties-in-interest (RPI).

United StatesIntellectual Property
Scott A. McKeown
Scott A. McKeown
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Recent Decisions Find Meeting of Statutory Requirement Subject to Agency Discretion

A properly filed AIA trial trial petition must name all real-parties-in-interest (RPI). The RPI requirement is recited by a number of IPR statutes, 35 U.S.C. § 312(a); and 35 U.S.C. § 315(a), (b) and (e). (The PGR statutes include corresponding provisions).

The requirement to name all RPI's, while seemingly straightforward, has been the subject of numerous disputes at the Patent Trial & Appeal Board (PTAB). Reason being, if the RPI listing is incorrect, the filing date would need to be reset. And since petition timing can run afoul of the 1-year time bar when the filing date is adjusted (315(b)), identifying an improper RPI listing can lead to termination of the petition.

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