Trusted And Qualified Inter Partes Review Law Firm
If you are intending on petitioning for inter partes review, you need experienced legal counsel on your side to do so effectively and efficiently. Murthy Patent Law Inc. is proud to provide our outstanding legal services to clients who are seeking to allege the invalidity of a claim of an issued patent.
What Is Inter Partes Review?
Inter partes review is a legal proceeding in which a third party has alleged the invalidity of an issued patent claim. This is done before the United States Patent and Trademark Office, and is intended to be a straightforward and quick proceeding where the final determination is required to be made within two years of filing the petition.
Instituted by the Leahy-Smith America Invents Act to be used in place of inter partes reexamination, inter partes review became available for use in 2012, and it has minimal allowances for motions, discovery, and settlement without prejudice.
Who Can File A Petition For Inter Partes Review?
Any individual who is not the owner of the patent that is allegedly invalid may file a petition for inter partes review. Additionally, counterclaiming for invalidity doesn’t disqualify a defendant from filing an inter partes review petition.
When Can Someone File An Inter Partes Review Petition?
An inter partes review petition may be filed within nine months after the grant of a patent. What’s more, if a post-grant review is in progress for the patent in question, then an inter partes review petition may not be initiated until this proceeding has been terminated.
It is important to understand that the nine month period does not apply to patents that are ineligible for post-grant review, such as patents that were issued under the “First-to-Invent” system.
If there are ITC or concurrent civil proceedings related to the patent, there are further requirements that must be met. Within one year, the defendant must file a petition for inter partes review of being served with the summons, otherwise, they are barred from petitioning.
With all of this in mind, the United States Patent and Trademark Office may also establish an annual limit for inter partes review petitions, so if this limit is reached, filing will not be an option.
How Much Does It Cost To File An Inter Partes Review Petition?
To file an inter partes review petition, the fee is $9,000. This allows the challenging of up to 20 claims, with a $200 fee for every additional claim. There is a post-petition fee of $14,000 for the first 15 claims if the petition is granted, with a $400 fee for every additional claim.
Speak With A Skilled Inter Partes Review Lawyer Today!
The legal proceedings associated with inter partes review is complex and confusing. With the oversight of the professionals at Murthy Patent Law Inc., you can be sure your legal needs will be met every step of the way.