(Updated October 2025 for clarity and accuracy)
Inter partes review (IPR) is a process that allows a third party to challenge the validity of an issued patent before the United States Patent and Trademark Office (USPTO). It’s designed to provide a faster, more cost-effective alternative to litigation in federal court. When used strategically, IPR can be a powerful way to protect intellectual property rights or defend against weak or overly broad patents.
Filing an IPR Petition
The process begins when a party (the petitioner) files a petition for inter partes review with the USPTO. The petition must identify the specific patent or patents being challenged and explain in detail why the patent claims are invalid, typically based on prior art. The IPR filing fee is currently $23,750 for up to 20 claims.
Once the petition is filed, the USPTO notifies the patent holder, who has the opportunity to respond. The patent owner can also file a preliminary response to argue why the review should not be instituted.
USPTO Review and Trial Phase
After reviewing the submissions, the USPTO — specifically, the Patent Trial and Appeal Board (PTAB) — decides whether to institute the IPR. If it does, the case moves to a trial phase, where both sides present arguments and supporting evidence.
At this stage, a post-institution fee of $28,125 (for up to 20 claims) is required, covering the costs associated with conducting the trial before the PTAB.
At the conclusion of the trial, the PTAB issues a written decision. If the challenged patent claims are found invalid, they are canceled, and the patent holder loses those rights.
Benefits and Strategic Uses
Although IPR can be complex, and time-consuming, it offers significant advantages when used thoughtfully. For example:
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Challenging weak patents: IPR can invalidate patents that were issued in error or drafted too broadly.
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Defending your position: It allows businesses to proactively eliminate potential legal threats from competitors’ questionable patents.
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Cost efficiency: Compared to full-scale litigation, IPR is often faster and less expensive.
When used correctly, inter partes review can be an effective way to strengthen your IP strategy and protect your competitive position.
Need guidance on filing or defending an inter partes review? Contact Larson & Larson to help protect your patent rights.
Published by Larson & Larson, a Florida-based intellectual property law firm serving clients since 1987.
