Posts Tagged: aia


The Increasingly Important Roles of Bloggers in Post Grant Proceedings

Both petitioners’ and patent owners’ reliance on blog articles in the course of post grant proceedings has been approximately equal. However, the manner in which the blog …
By Timothy J. Maier
4 days ago 1

Patent Reform: An Analyst’s Perspective of the AIA

Perhaps the most challenging to accept is the notion that a tribunal created with a specific purpose of invalidation can be impartial to both the petitioners and …
By Elena Murphy
10 days ago 2

Use of PTAB Decisions in District Court Litigation

As the above cases illustrate, PTAB decisions have affected district court cases in different ways. Determining whether the use of a PTAB decision is likely to be …
By Naveen Modi
11 days ago 4

Happy Birthday AIA: Celebrating an Unmitigated Disaster and the Destruction of American Innovation

All of the post grant challenges ushered in by the America Invents Act (AIA) were a bad idea. They never should have been created in the first …
By Gene Quinn
13 days ago 18

The America Invents Act on Its Fifth Anniversary: A Promise Thus Far Only Partially Fulfilled

Unfortunately, Mr. President, after five years I cannot report back that the AIA has yet ”improve[d] patent quality and help[ed] give entrepreneurs the protection and …
By Phil Johnson
14 days ago 3

The AIA’s First-to-File Transition SHOULD have Resulted in More Provisional Filings

To investigate whether applicants have been adopting a strategy of filing more provisional applications, we determined a ratio of the number of provisional filings (with a first-named …

Anticipating Expansion of Intervening Disclosures Under the AIA

Although what qualifies as art under the AIA can be distilled to disclosures before a patent application, both pre-AIA and AIA created exceptions for intervening disclosures in …
By Keith Fredlake
15 days ago 0

How the Patent Trial and Appeal Board Harms Inventors

PTAB procedures have rendered worthless around 90% of the patents they see by either invalidating the patent altogether or invalidating the most critical claims. The infringer lobby and …
By Paul Morinville
16 days ago 26

Constitutional and Economic Policy Problems Raised by Inter Partes Review (IPR) Suggest Congress Should Consider Acting

If Congress, nevertheless, is unmoved by the constitutional arguments for reforming the IPR process, it should weigh the strong economic policy arguments supporting IPR reform, which are …
By Alden Abbott
17 days ago 10

Valuing Intellectual Property in an AIA World

Patent investors are no different than investors in any other asset class. They abhor uncertainty and charge a stiff premium for risk. In the wake of the …
By Ashley Keller
18 days ago 6

How the America Invents Act Harmed Inventors

The America Invents Act (AIA) was the single worst disaster in the 226 year history of the U.S. patent system. The AIA did very real damage – enough …
By Paul Morinville
19 days ago 37

PTAB Administrative Trials: Where Are We Now?

While the PTAB statistics demonstrate the profound effect that the AIA trials have had on issued patents, it seems to have the greatest impact on non-manufacturing patent …

New legislation is not needed to fix post grant procedures at the PTO

The enumerated problems with the post grant procedures could be bettered by both the courts and the USPTO. The courts have had an opportunity to change the …
By Robert Stoll
21 days ago 8

Have We Met the Challenge of Creating Effective Post Grant Challenge Proceedings?

IPRs offer many improvements compared to inter partes reexamination[12]. However, the statistics reveal that IPRs are no more of a true alternative for litigation than the challenge …
By Manny Schecter
22 days ago 6

Misleading PTO statistics hide a hopelessly broken PTAB

While the Patent Office likes to tout statistics that assert most patent claims challenged in IPR are not invalidated, those statistics are simply not credible. When reporting …
By Gene Quinn
23 days ago 16