Posts Tagged: aia


Confessions of a Frustrated Patent Attorney: The Telephone Call

I used to receive telephone calls, quite frequently, asking about the procedure for preparing and filing a patent application. Today, I no longer receive these calls. I …
By Meredith Addy
8 months ago 33

It’s Time to Stop PTAB Gamesmanship

The next several weeks will see much wringing of hands and gnashing of teeth about Allergan’s transaction with the Saint Regis Mohawk Tribe. Our point is …

A Revolutionary Approach to Obtaining Software Patents Without Appealing to the PTAB

Today’s environment demands an agile approach, one that involves substantial up-front planning, followed by continuously learning from both the client and the marketplace, using a strategy …

A Summary of the Constitutional Issues Raised by the Respondent in Oil States

The respondent immediately takes issue with the argument that patents are not public rights, summarily citing MCM Portfolio LLC v. Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015), cert. …
By John M. Rogitz
8 months ago 4

A Look Back at the Legislative Origin of IPRs

Those now familiar with IPR proceedings will already have recognized how little resemblance current IPR proceedings have to what most supporters of the AIA envisioned upon its …
By Phil Johnson
8 months ago 30

Judge Paul Michel presents supplemental testimony on PTAB reforms to the House IP subcommittee

To fix the current incarnation of the U.S. patent system and reinvigorate the American economy, Judge Michel called upon the House IP subcommittee to adopt seven …
By Steve Brachmann
8 months ago 19

Raid on Gibraltar: How the U.S. Patent System was Rigged Against Independent Inventors

The numbers are stark. As recently as 1990, individual inventors were granted 17 percent of all patents. By 2000, they received 12 percent and only 6.8 percent in 2010. In 2015, individual inventors were …
By Pat Choate & Joan Maginnis
8 months ago 30

Five Years after the AIA Created the PTAB

I want to believe Congress ultimately sought to strengthen the U.S. patent system with the AIA by providing a mechanism to more easily remove a small …
By Russell Slifer
8 months ago 14

The PTAB’s dramatic effect on patent value and corresponding disincentives to capital allocation

Whether one celebrates or decries the PTAB, there can be little doubt that it has worked a profound effect on the value of American patents—and, concomitantly, …
By Ashley Keller
8 months ago 28

The failed PTAB experiment has been a colossal mistake

The five year experiment of the Patent Trial and Appeal Board (PTAB) is a colossal mistake. It is a failure to inventors, startups, early stage investors, job …
By Paul Morinville
8 months ago 16

Crossing the Chasm: Avoiding and Surviving the PTAB

In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …

How the New USPTO Director Can Impact Patent Subject Matter Eligibility and Post-Patent Grant Challenge Proceedings

As the challenge proceedings and the Patent Trial and Appeal Board mark their fifth anniversary, we should reflect on whether they have achieved their intended purpose. About …
By Manny Schecter
8 months ago 4

Patent owners negatively impacted by PTAB file amicus brief with SCOTUS in support of Oil States

A few dozen amici briefs have been filed in the case, including one filed on August 30th by 39 patent owners affected by PTAB activities in support of …
By Steve Brachmann
8 months ago 3

A Review at Five Years of Inter Partes Review

Post grant procedures can be an effective and efficient way of promoting patent quality by invalidating weak, inappropriately granted patents. What we need now is thoughtful review …
By Robert Stoll
8 months ago 18

Lessons from Five Years of PTAB Trials

As we mark the fifth anniversary of the effective date of Patent Trial and Appeal Board trials on September 16, we find that the early years of the …
By Jennifer Bush
8 months ago 40