With all the discussion about the potential usefulness of Inter Partes Review (IPR) petitions as a way to seek the invalidation of a patent, petitioners often get excited about getting the IPR process started without having much of an understanding about what happens after an IPR decision is rendered by the Patent Trial and Appeal Board (PTAB). At the conclusion of a successfully instituted IPR proceeding, the PTAB will issue a written final decision. In the final decision, the PTAB will discuss the patentability status of any challenged claim of the contested patent(s) and any newly added claims that were introduced during the IPR proceeding. Each challenged patent claim will either be deemed valid or invalid. If all the claims in a challenged patent are deemed invalid, the contested patent as a whole is deemed invalid.
What Are The Other Implications Of An IPR Decision?
The effect of an IPR decision is that the parties can be bound by estoppel concerning future legal actions regarding the contested patent.
So If You Are Unhappy With the Outcome of The IPR, What Can You Do?
Fortunately, if you are unhappy with the outcome of an IPR proceeding, you have the option of appealing the PTAB’s IPR decision to the United States Court of Appeals for the Federal Circuit. The petitioner must file a written Notice of Appeal to the Director of the USPTO that provides sufficient detail about the issues being appealed so that the Director can determine if the Director must exercise his or her authority to intervene in the appeal. Petitioners who are considering appealing an IPR final decision need to act quickly as the appeal must be initiated within 63 days of the PTAB’s decision.
Consider Working With An IPR Attorney
The professionals at The Rapacke Law Group can work with you to prepare and file an IPR petition. We can help you navigate the IPR process and will help ensure that no deadlines are missed. Please contact us today if you would like to speak with a professional about your situation.