Challenging a Patent
Just because
a patent issues does not mean it is impenetrable. U.S. patent law provides several processes
for challenging the validity of the claims of an issued patent, including Inter Partes Review ("IPR"). IPR is a relatively new procedure implemented
by the America Invents Act that allows third parties to challenge the validity
of one or more of a patent's claims based on patents and printed
publications. IPR continues to grow in
popularity as it is faster and more efficient than other options to challenge
the validity of issued patents. Although
IPRs are expensive (the filing fee alone is $40,000), the cost is a fraction of
challenging patents in litigation.