Three Ways To Challenge A Patent - Pro And Cons

An inter partes review (IPR) is a newly established mechanism for challenging patent validity through an evidentiary proceeding before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. Under the right circumstances, an IPR may be a viable option. Other options include traditional ex parte reexamination and district court litigation. Discussed below are five areas to consider when choosing the best option in any particular case.

DISCOVERY

A third party requesting ex parte patent reexamination will have no real discov- ery opportunities. For example, ex parte reexamination does not allow a third party requestor to depose experts or other parties from whom a patent owner may submit declarations in support of patentability.