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ARTICLE · 20 AUGUST 2013

USPTO Holds First Inter Partes Review Hearing

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On Friday the Patent Trial and Appeal Board (the Board) held the first hearing for an Inter Partes Review (IPR) proceeding. IPR proceedings are a new proceeding at the US Patent and Trademark Office (PTO) to adjudicate the validity of issued patents as part of several patent reforms enabled by the America Invents Act (AIA) signed into law on September 16, 2011.

United StatesIntellectual Property
David L. Cavanaugh
David L. Cavanaugh
Peter M. Dichiara
Peter M. Dichiara
Natalie R. Pous
Natalie R. Pous
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On Friday the Patent Trial and Appeal Board (the Board) held the first hearing for an Inter Partes Review (IPR) proceeding. IPR proceedings are a new proceeding at the US Patent and Trademark Office (PTO) to adjudicate the validity of issued patents as part of several patent reforms enabled by the America Invents Act (AIA) signed into law on September 16, 2011. Because this is a new procedure, patent stakeholders have been wondering how the PTO will conduct these hearings.

The IPR process begins with a petitioner filing a petition and a patent owner filing a preliminary response. The Board evaluates the petition and preliminary response, and then makes a decision on institution. The decision on institution sets the schedule for the trial proceeding. Once the IPR is instituted, the parties are allowed to submit evidence supporting their positions. The final date set forth in the schedule is a date for a hearing before a panel of three members of the Board in

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