The America Invents Act (AIA) created a proceeding called Inter Partes Review (IPR) to challenge the validity of an issued patent at the United States Patent and Trademark Office. A petitioner may file an IPR to request to cancel one or more claims of an issued patent on the grounds of anticipation and/or obviousness based on patents or printed publications. Administrative Patent Law Judges in the Patent Trial and Appeal Board (PTAB) adjudicate IPR proceedings, and these proceedings are intended to be similar to validity challenges that would ordinarily take place in the federal district courts.
Read more about Inter Partes Review.
In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.