• Don’t Let Your Right to Petition for Inter Partes Review Slip Away
  • August 20, 2012 | Authors: Maya M. Eckstein; Jeffrey B. Vockrodt
  • Law Firms: Hunton & Williams LLP - Richmond Office ; Hunton & Williams LLP - Washington Office
  • The replacement of inter partes reexamination with inter partes review on September 16, 2012, will have several important implications for patentees and patent challengers.i After this date, inter partes review will be the only United States Patent and Trademark Office (USPTO) mechanism for challenging a patent with third-party participation outside the initial nine-month post-grant review period. While many have focused on the expansion of inter partes review to cover all patents — not just those filed on or after November 29, 1999, as with inter partes reexamination — the new system contains an important, but often overlooked, one-year statute of limitations for seeking inter partes review after having been served with a complaint for patent infringement.