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Introduced in September 2012, the inter partes review provided a new forum for challenging the validity of US patents, and soon attracted criticism. WIPR investigates how life sciences companies have fared in the forum’s first four years.
Signed into law in September 2011, the America Invents Act introduced new procedures for challenging patent validity at the US Patent and Trademark Office (USPTO).
The following September, one of those procedures—the inter partes review (IPR)—became available, allowing any person to challenge a patent by filing a petition before a panel of administrative judges at the Patent Trial and Appeal Board (PTAB).
In 2013, Randall Rader, the former chief judge of the US Court of Appeals for the Federal Circuit, called the PTAB a “death squad” for patents.
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America Invents Act, inter partes review, US Patent and Trademark Office, PTAB, life sciences, Shire, Lialda,