Support AIA’s IPR Procedures
The Inter Partes Review (IPR) program created by the America Invents Act in 2011 is working as Congress intended by giving the public a low-cost vehicle to weed out bad patents from the system. The large number of patent applications filed every year and the limited time that the Patent Office can devote to each application, means that many invalid patents are inevitably issued. Even one bad patent can cause significant economic damage to American businesses.
IPR allows the public to bring these patents to the attention of the Patent Office, giving the Office an opportunity to review its prior decisions and correct its mistakes.
IPR is balanced and fair to both parties, including patent owners. Over 80% of litigated patents and 99.8% of all active patents never face an IPR challenge. When the Patent Office has made a decision on the merits, it has upheld some or all of the challenged claims 65% of the time. The data shows that IPRs are being used selectively, as intended by Congress, to provide a careful review of validity while protecting the public from poor quality patents that could otherwise waste millions of dollars in baseless litigation and harm innovation.
IPR strengthens the U.S. patent system by improving patent quality. It is the primary reason that patent troll litigation dropped in 2016 compared to 2015. With this track record, making changes to IPR at this time is both unnecessary and unwise.