IPRs have a high success rate when used to invalidate patents. Any party other than the patent owner can request an IPR. Also, a party who challenged the validity of a patent in a civil suit cannot bring an IPR.
The requester must challenge the patent using prior art.
The party bringing the IPR cannot request a subsequent proceeding before the office that could have reasonably been brought in the IPR. In other words, there is an estoppel effect.
Typical legals fees for bringing an IPR have been reported to be around 100k. Much lower than the cost of determining validity in a civil suit. An IPR petition must be filed prior to filing a civil action challenging validity of a patent. Also, an IPR must be filed within one year of being served with a complaint.
Rules relating to IPRs can be found here:
http://www.uspto.gov/sites/default/files/aia_implementation/fr_general_trial.pdf
An IPR is a trial. Trial practice rules for trials before the Board can be found here:
http://www.uspto.gov/sites/default/files/aia_implementation/trial_practice_guide_48756.pdf
The Patent Review Processing System, the electronic filing system for IPRs can be found here:
http://www.uspto.gov/patents-application-process/appealing-patent-decisions/trials/patent-review-processing-system-prps-0
Examples of documents filed in other IPRs can be found in the Patent Review Processing System.
Sunday, July 26, 2015
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