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Inter partes review (IPR)

Definition

An administrative proceeding at the PTAB that allows any person to challenge the validity of an already-granted patent based on prior artprior artEarlier patents, publications, or products that existed before this patent's filing date. Patent claims must be novel over the prior art.Read more → in patents or printed publications. IPR is significantly faster and cheaper than district court litigationlitigationA lawsuit over patent infringement. Litigated patents often signal commercial importance.Read more →. Roughly 60% of patent claimsclaimsThe numbered statements at the end of a patent that legally define what the inventor owns.Read more → that reach a final decision in IPR are canceled. Large companies frequently use IPR to challenge startup patents without going to court.

Where this comes up

Patent Infringement

Related terms

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Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Cross-referenced

Post-grant review (PGR)

A USPTO proceeding to challenge a recently granted patent, within nine months of grant, on almost any ground of invalidity — including eligibility and written description. It is broader than inter partes review, which is narrower and becomes available later.

Cross-referenced

Prior art

All publicly available information that existed before a patent's priority date that is relevant to the novelty and non-obviousness of the claimed invention. Prior art includes earlier patents, published patent applications, journal articles, product manuals, conference presentations, and anything that was publicly known or in use. Searching prior art before filing is one of the most valuable steps an inventor can take.

Injunction

A court order stopping an infringer from making, using, or selling the infringing product. After eBay v. MercExchange, injunctions are no longer automatic — the patent owner must show irreparable harm and that money damages are inadequate.

Information disclosure statement (IDS)

A filing in which a patent applicant tells the USPTO about the prior art they are aware of. Applicants have a duty of candor to disclose known material references; failing to do so can render the resulting patent unenforceable for inequitable conduct.

Independent claim

A claim that stands on its own and does not reference any other claim. An independent claim defines the broadest scope of protection for a particular aspect of an invention. Most patents have one to three independent claims, each capturing the invention from a different angle, with multiple dependent claims narrowing each one.

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