A third party who is not the patent owner, called a petitioner, may challenge the validity of the claims in an issued patent in an AIA proceeding before the Board. There are three main types of AIA proceedings: inter partes review, post grant review, and covered business method review. A patent owner may respond to the petition, and then the Board will determine whether to institute an AIA trial.
If the Board institutes a trial, the petitioner and the patent owner will have opportunities to gather evidence and present additional briefing to the Board. The parties also may request an oral hearing before the Board. At the conclusion of the trial, the Board will issue a final written decision, determining whether the challenged claims are unpatentable. An unsatisfied party may seek reconsideration by the Board or federal court review or both.
The AIA process involves two phases: an institution phase and trial phase. The institution phase runs from the filing of a petition to the Board’s decision on institution. The trial phase involves nine steps is explained in this video:
Learn more about AIA trials on the PTAB's Trials webpage.