What happens if the defendant files an IPR against my patent?

What should the patent owner review first?

Identify the challenged claims, cited patents and printed publications, proposed constructions, and evidence. Section 311 limits IPR grounds, and section 314(a) supplies the statutory institution threshold. Under the USPTO's October 17, 2025 memorandum, effective October 20, the Director determines institution in consultation with at least three PTAB judges, subject to the memorandum's referral provisions. Institution is separate from the final patentability outcome.

When is a response due?

37 C.F.R. 42.107 permits a patent-owner preliminary response and ordinarily sets its deadline at three months after the notice according a filing date to the petition. Check the actual notice, case orders, and current USPTO instructions for any separate institution-related submissions. This page does not prescribe a discretionary-denial briefing schedule.

What happens if review is instituted?

Section 316(a)(11) generally calls for a final determination within one year after institution, with statutory extensions and adjustments. Section 315(e) addresses estoppel after a final written decision. Any request to stay the district case must be addressed in that court; the petition itself should not be treated as an order pausing litigation.