Inter Partes Review (IPR), a major part of the new patent law, goes into effect September 16. It provides new and dynamic options for challenging the patents of competitors and others whose patent rights pose threats.
Companies should give serious consideration to IPR patent validity challenges, given their anticipated speed, focused discovery and cost efficiencies.
• Recently-issued Patent Office rules are more favorable to petitioners seeking IPR than many had expected.
• IPR deposition and discovery practice will be substantially more restrictive than that permitted in district court litigation, with resultant savings in cost and less business disruption.
• Most IPR proceedings should be completed within one year from institution. This will not only result in significant cost savings over district court actions, it will provide for far quicker decisions.
We are available to discuss this favorable alternative to district court litigation, as well as all other aspects of the new patent law, at your convenience.