IP Newsletter Volume XI, Issue No. 5

By: Roshni A. Sitapara


Background: An inter partes review (IPR) proceeding is a trial proceeding conducted at the U.S. PTO Patent Trial and Appeal Board (Board) to review the patentability of one or more claims in a patent only on a ground that could be raised under 35 U.S.C. §102 or §103, and only on the basis of prior art consisting of patents or printed publications.


With an IPR proceeding, there is a lower burden to prove invalidity as compared to litigation. A presumption of validity does not apply in IPR proceedings. The Board uses “a preponderance of the evidence” standard rather than the higher “clear and convincing evidence” standard which is applied in civil actions. Compared to litigation, an IPR proceeding has: a quicker resolution, a faster and more predictable schedule due to statutory time limits, lower associated costs, and limited discovery. click here to read more