Petition for Inter Partes Review


Summary

This is a template for a petition requesting institution of an inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB or the Board), an adjudicative body within the United States Patent and Trademark Office (USPTO). This template includes practical guidance and drafting notes. IPRs are trial proceedings conducted by the PTAB to review the patentability of one or more claims in a patent. IPRs were introduced by the America Invents Act (AIA) and codified in 35 U.S.C. § 311. The procedure took effect on September 16, 2012, and is available for any patent. Section 311 provides that: • A person who is not the patent owner may file an IPR petition. • The petitioner may request the PTAB to cancel as unpatentable one or more claims of a patent only on a ground that could be raised under 35 U.S.C. § 102 (anticipation) or 35 U.S.C. § 103 (obviousness) and only based on prior art consisting of patents or printed publications. • An IPR petition may be filed after the later of ...