Inter partes review is a post-grant proceeding to review the patentability of claims in a patent. It is a trial proceeding before the Patent Trial and Appeal Board (“PTAB”) initiated by a third party. A petition for an inter partes review proceeding must be filed after nine months from the issuance or reissuance of a patent and the termination of any post-grant review proceeding, if there is one. In other words, inter partes review becomes available after the post-grant review period for patents subject to the AIA’s first-inventor-to-file provisions. However, for patent subject to the first-to-invent rules, inter partes review becomes immediately available after issuance or reissuance. In either scenario, inter partes review has to be filed within one year after the thirty party is served with an infringement complaint.
To initiate an inter partes proceeding, the third party must establish a reasonable likelihood that he will prevail on at least one claim.
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