Patent Infringement Secrets Revealed


How do I challenge the patent, specifically, how do you file an IPR? What do you do there? You go to the patent, you call them up and say, hey, that patent is invalid, we gotta do something about it, or what are the processes?

Well, basically you file a petition to institute IPR, you have the patent that you would like to challenge, you identify the claims within the patent that you believe are invalid due to novelty or obviousness issues. You write a gigantic petition, identifying each reason why you believe there’s some prior art would make it not novel or obvious and you file it with the USPTO with a big check for, I believe, $40,000 or around there. And then, the patent owner is given an opportunity to respond to that challenge, and then sometimes the challenging party will elect to file a response to that response, and this can go back and forth a little bit, before the Patent Trial and Appeal Board who oversees it makes a decision on whether or not to institute the IPR based on the challenge.

Right.