To Join or Not to Join?

Before the Patent Trial and Appeal Board (‘PTAB’ or ‘Board’), joinder is a procedure that permits a party to join an earlier-filed inter partes review (‘IPR’) proceeding. Under 35 U.S.C. §315(c), the Director of the United States Patent and Trademark Office (‘USPTO’) may join, to an instituted IPR, any person who properly files a petition that meets the requirements set out under 35 U.S.C. §311. Importantly, the one-year time bar for filing petitions after a party is sued for infringement (separately set by statute) does not apply to a request for joinder. Read the full article here.