In 2011, the Leahy-Smith America Invents Act (AIA) introduced the inter partes review (IPR) process as part of a major overhaul of the U.S. patent system to provide an alternative arena to district courts for challenging the validity of already issued patents. Since the IPR procedures took effect on Sept. 16, 2012, they have only grown in popularity among patent challengers. In the first six months of 2015, over 1,400 petitions for IPR have been filed, which is more than the total number of the petitions filed in 2014.
An IPR can be a more attractive option for a patent challenger than a district court because of the procedures, legal standards, cost and overall success rates to date. In an IPR proceeding, the Patent Trial and Appeal Board (PTAB) is statutorily required to provide a final written decision within 18 months, as opposed to a district court case, which can take up to three years or more. And, unlike district courts, anyone who is not the owner of a patent can challenge the patent in an IPR.
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