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Inter Partes Review (IPR) is emerging as an attractive alternative for invalidating United States patents because it is seen to offer cost and strategic advantages when compared to district court litigation. Instead of having to address competing issues simultaneously and dealing with a crowded docket, the IPR process allows a challenger to obtain an invalidity decision, on a defined schedule, from a panel of patent law experts narrowly focusing on a small set of documents.

To begin the review process, the Patent Trial and Appeal Board (PTAB) requires the challenger of the patent to submit a petition. You should view the petition strategically, as it will not only start the review but also be key to invalidating the patent.

The following tips can help ensure that your petition will start the review on a path towards invalidity of the patent.

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