Patent bar Reexamination, supplemental examination and AIA trials question: patent owner served a complaint alleging infringement on Delta Corp

Patent barReexamination, supplemental examination and AIA trials

A patent owner served a complaint alleging infringement on Delta Corp. on February 2, 2026. Delta files an IPR petition against the patent on February 10, 2027, and no exception for joinder applies. What happens?

A The IPR may be instituted only on obviousness grounds
B The IPR may be instituted, because the one-year bar runs from the complaint's filing in court
C The IPR must be instituted, because Delta has a reasonable likelihood of success
D The bar applies only to post-grant review, not to IPR
E It may not be instituted: the petition is over a year after service

Show the answer and explanation

Answer: E. It may not be instituted: the petition is over a year after service

Answer: It may not be instituted: the petition is over a year after service. 35 U.S.C. 315(b) bars institution of an IPR if the petition is filed more than one year after the petitioner, its real party in interest or privy is served with a complaint alleging infringement. The joinder exception in 315(c) does not apply here. February 10, 2027 is more than a year after February 2, 2026. Why not the others: - Must be instituted: institution is discretionary, and the bar forbids it here. - From the filing date: the statute runs the year from service of the complaint. - Obviousness only: the bar applies to the whole petition. - PGR only: 315(b) is an IPR provision. Rule: IPR petitions are barred more than one year after service of an infringement complaint (except joinder). Source: 35 U.S.C. 315(b)-(c); 37 CFR 42.101(b); Consolidated Trial Practice Guide (Nov 2019); as at Oct 2026

Common mistake

Counting the year from the court filing date instead of service.

Practice more Patent bar Reexamination, supplemental examination and AIA trials questions

Exam-style questions with worked answers, then full timed mocks. Free to start.

Start practicing →

Study note: Reexamination, supplemental examination and AIA trials Patent barpractice questions & mock exams

Related Patent bar practice questions

Ex parte reexamination was ordered on a third party's request. The patent owner decides not to file a patent owner's statement. The third-party requester wants to file a reply explaining why the claims should be rejected. May it?A patent subject to the first-inventor-to-file provisions issued on March 3, 2026. No post-grant review has been filed. A competitor, not sued for infringement, wants to file a petition for inter partes review. What is the earliest it may file?A claim recites a mathematical formula for calculating the optimal cure time of rubber, and further recites constantly measuring mold temperature, recalculating the cure time with the formula, and automatically opening the press when the calculated time has elapsed. Under the USPTO's analysis, which conclusion is best supported?

Build a daily practice habit — a few exam-style questions a day, with worked answers. Free to start.

Start practicing →

Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.