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Monday, November 9, 2015

Don't Miss a Deadline in Your Inter Partes Review


An inter partes review is a litigation proceeding brought before the Patent Trial and Appeal Board (“PTAB”) to challenge the patentability of claims in a patent.  A successful inter partes review can cause cancellation of the patent claims so as to prevent future assertion of these claims, wiping out any pending verdict related to these claims and preventing the patent owner from seeking additional claims that are not patentably distinct from those claims found to be unpatentable.  The challenge to patentability in an inter partes review can be based only on the theory that the claims are anticipated or rendered obvious by one or more prior art patents or printed publications.

This comprehensive  flowchart shows a typical timeline for IPR proceedings with key deadlines that guide the reader from before the filing of a petition for an IPR all the way to the appeals process after conclusion of an IPR.

We recommend contacting an attorney before relying on any deadlines for Inter Partes Review reached using this flowchart.


Please see the Inter Partes Review web page for general information regarding Inter Partes Review.

For more information, contact Robert Asher.

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