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This document is a formal petition for inter partes review submitted to the Patent Trial and Appeal Board regarding U.S. Patent No. 6,482,228, detailing the grounds and supporting evidence for challenging
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How to fill out petition for inter partes
How to fill out PETITION FOR INTER PARTES REVIEW UNDER 37 C.F.R. § 42.100
01
Begin with the title of the petition, stating 'Petition for Inter Partes Review'.
02
Include the names and addresses of all parties involved in the case.
03
Provide a statement of the grounds for the petition, detailing the reasons for requesting inter partes review.
04
Include a listing of the challenged claims and the specific grounds for each claim, citing prior art.
05
Attach necessary evidence and documentation, including any supporting affidavits.
06
Complete the certification of service, indicating how the petition was served to the patent owner.
07
Review the petition for completeness and accuracy before submission.
08
Submit the petition electronically via the USPTO's EFS-Web system or file it in person.
Who needs PETITION FOR INTER PARTES REVIEW UNDER 37 C.F.R. § 42.100?
01
Individuals or entities wishing to challenge the validity of a patent after it has been granted.
02
Companies seeking to clear the way for their products by invalidating competitor patents.
03
Legal representatives of clients looking to protect intellectual property interests.
04
Those involved in patent litigation who need to address patent claims before trial.
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People Also Ask about
What is the timeline for inter partes review?
The default timeline for IPR proceedings is 18 months, including a six-month petition phase, and, if the PTAB decides to institute review of a patent, a twelve-month trial phase resulting in a final written decision on the patentability of the reviewed claims.
What is a petition for inter partes review?
A petition for inter partes review must allege the invalidity of at least one patented claim in an issued patent. The grounds for invalidity may be either anticipation or obviousness (§102 or §103), or both, but the scope of prior art is limited to patents and printed publications.
What is the meaning of inter partes proceedings?
Inter partes is Latin for “between parties.” In litigation, it refers to any proceeding in which all interested parties are given notice and an opportunity to be heard, as opposed to ex parte proceedings, which involve only one party.
Who can file an inter-part review?
Inter partes review process begins with a third party (a person who is not the owner of the patent) filing a petition after the later of either: (1) 9 months after the grant of the patent or issuance of a reissue patent; or (2) if a post grant review is instituted, the termination of the post grant review.
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What is PETITION FOR INTER PARTES REVIEW UNDER 37 C.F.R. § 42.100?
The Petition for Inter Partes Review under 37 C.F.R. § 42.100 is a legal document filed with the United States Patent and Trademark Office (USPTO) to challenge the validity of a patent after it has been granted. It allows a third party to request a review of the patent's claims based on prior art.
Who is required to file PETITION FOR INTER PARTES REVIEW UNDER 37 C.F.R. § 42.100?
Any party who is not the owner of a patent can file a Petition for Inter Partes Review. This includes individuals, businesses, or organizations that believe a patent is invalid based on prior art.
How to fill out PETITION FOR INTER PARTES REVIEW UNDER 37 C.F.R. § 42.100?
To fill out a Petition for Inter Partes Review, one must complete the official form provided by the USPTO, including details about the patent being challenged, prior art references, and arguments for unpatentability. Supporting evidence and documentation must also be included.
What is the purpose of PETITION FOR INTER PARTES REVIEW UNDER 37 C.F.R. § 42.100?
The purpose of the Petition for Inter Partes Review is to provide a mechanism for parties to contest the validity of a patent in a quicker and potentially less costly manner than going through litigation in a federal court.
What information must be reported on PETITION FOR INTER PARTES REVIEW UNDER 37 C.F.R. § 42.100?
The Petition must report information such as the patent number, the claims being challenged, a detailed statement of the grounds for the challenge, identification of all prior art references, and any related proceedings, among other requirements.
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