• How Many Words Do You Have to Challenge Each Patent Claim in IPR?
  • January 18, 2017 | Author: Charles W. Shifley
  • Law Firm: Banner & Witcoff, Ltd. - Chicago Office
  • As almost everyone involved in patent practice knows, inter partes reviews (IPRs) are the new way to challenge patents. An IPR petition at the Patent Trial and Appeal Board, if the Board takes the matter up for trial, has a 71 percent statistical chance of killing the challenged patent. But when you start to write one of these petitions, how many words do you have per claim for your challenge? The answer is: not too many. Conceivably, you have as few or fewer than two paragraphs made up of eight sentences available per limitation of the challenged claims. To do what you need to do, you need to sharpen your use of words.