Tactical Considerations for Patent Owner Responses in IPRs

U.S. Patent Office statistics show that the PTAB has found at least one claim of a challenged patent to be unpatentable in over 80% of IPRs. Given these odds, and the fact that institution of an IPR is not appealable, a patent owner's best shot at preserving its patent rights intact is to defeat institution of the IPR trial in the first instance.

9 minute read October 02, 2017 at 12:03 AM
By
Susan Perng Pan
Tactical Considerations for Patent Owner Responses in IPRs

The America Invents Act established a specialty tribunal known as the Patent Trial and Appeal Board (PTAB) to review the patentability of claims via an inter partes review (IPR) process.

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