PTAB isn’t faster
DOLIN ’15 (Gregory; Associate Professor of Law – University of Baltimore, The Costs of Patent Reform: Early Data and Abuses in the Uneven Playing Field of Post-Issuance Review, 16 Federalist Soc'y Rev. 51, https://fedsoc.org/fedsoc-review/the-costs-of-patent-reform-early-data-and-abuses-in-the-uneven-playing-field-of-post-issuance-review) II NP
It is worth noting that the seemingly quick turnaround time required by statute is actually not that quick. Taking into account the time for filing an IPR request, the time allowed for opposition, and the time the PTO has to decide whether to grant the petition, the total time that a patent can spend in limbo waiting for resolution of an IPR proceeding is up to 27 months (or 33 months if the deadline for rendering the decision is extended). The 27-33 month timeframe is roughly equivalent to a district court litigation timeframe. Thus, though IPR may be cheaper and more streamlined, it is not necessarily faster, especially if one considers the time spent in additional litigation resolving issues of infringement and invalidity that were not addressed in the IPR process.