Inter partes review (IPR) is a relatively new process for challenging the validity of a patent before the United States Patent and Trademark Office (USPTO). It was introduced as part of the America Invents Act (AIA), which was signed into law by President Barack Obama in September 2011.

Prior to the AIA, the primary mechanism for challenging the validity of a patent was through litigation in federal court. This process could be costly and time-consuming, and many companies and individuals were unable to afford to challenge patents that they believed were invalid.

The AIA introduced several new mechanisms for challenging patents, including IPR, which provides a more efficient and cost-effective alternative to litigation. Under IPR, a third party can petition the USPTO’s Patent Trial and Appeal Board (PTAB) to review the validity of a patent on the grounds that it is not novel or non-obvious based on prior art that was not considered by the USPTO when the patent was originally granted.

Since its inception, IPR has become a popular mechanism for challenging patents. According to the USPTO, over 20,000 IPR petitions have been filed since the AIA went into effect in 2012. It has proven to be a useful tool for companies and individuals who wish to challenge the validity of a patent without the cost and uncertainty of litigation.

The cost of an Inter Partes Review (IPR) can vary widely depending on the complexity of the case and the resources required to prepare and present the case. However, IPR is generally less expensive than litigation, which can be a more costly and time-consuming process.

The petitioner (the party challenging the patent) is responsible for paying the fees associated with filing the IPR petition and any additional fees that may be incurred during the proceedings. These fees can include the cost of hiring an attorney, preparing and filing documents, and paying expert witness fees.

The patent owner (the party defending the patent) may also incur costs associated with responding to the IPR petition and participating in the proceedings. These costs may include attorney fees, expert witness fees, and the cost of preparing and filing documents.

It is difficult to estimate the exact cost of an IPR without knowing the specifics of the case. However, the government fee to file an IPR is approximately $20,000. This is down from the original cost of approximately $30,000 when IPR was first introduced.

While the cost of an IPR can be significant, it is generally less expensive than litigation and may be a more cost-effective option for those who wish to challenge the validity of a patent.