• Inter Partes Review
  • May 15, 2013
  • Law Firm: Jones Day - Cleveland Office
  • Inter partes review provides an opportunity to challenge an issued patent under 35 U.S.C. ยงยง 102 and 103 based on prior art patents or printed publications. A petition for inter partes review is made by any party other than the patent owner, and is available for any issued patent (i.e., both first to invent and first inventor to file patents), subject to certain restrictions. Most notably, inter partes review is only available during the first one year after a client (or a privy) is served with a patent infringement complaint. A party is also barred from filing for inter partes review of a patent for which the party has filed a civil action challenging validity.