Indefinite claims at the PTAB

Petitioners that attempt to take advantage of the PTAB raising an indefiniteness challenge to patent claims will likely fail, as Hailey Bureau and Chad Rink of Birch, Stewart, Kolasch & Birch explain.

Inter partes review (IPR) is a trial proceeding conducted by the Patent Trial and Appeal Board (PTAB) of the US Patent and Trademark Office (USPTO). IPRs took effect with the America Invents Act in 2012.

In an IPR, a petitioner can challenge claims only under 35 USC §102 or §103. This is a narrower range of grounds than can be raised in comparison with a petition for post-grant review of a patent, in which a petitioner can challenge the claims under 35 USC §101, §112(a)-(f), §102 or §103.

Read the entire WIPR article here.