Posts Tagged: America Invents Act


Dictators, Property Rights and the PTAB: Why the AIA Must be Repealed

Now that Trump has won, the discussion has narrowed to whether Trump will keep patents weak or make patents great again. From the outside perspective, it is …
By Paul Morinville
11 months ago 61

Federal Circuit slams PTAB for wrong definition of CBM patent in Unwired Planet v. Google

The PTAB used the wrong standard to institute the CBM proceeding in the first place, which lead the Federal Circuit to vacate the PTAB decision and remand …
By Gene Quinn
11 months ago 17

Federal Circuit denies en banc rehearing, IPR proceedings can be instituted for less than all of the challenged claims

The Federal Circuit denied appellant SAS’s petition for rehearing en banc from a decision by the Patent Trial and Appeal Board, without an explanatory opinion. Judge …

Have U.S. Patent Laws Become Unconstitutional?

As more reports come out that patent filings for individuals and small businesses are down and a general recognition that real innovation does not come from large …
By Adam Ullman
12 months ago 51

Inventors Protest California Congressman Darrell Issa

In my 54 years, I’ve never protested anything. I’ve complained to my friends and family and sometimes to a few unfortunate strangers. So this has been …
By Paul Morinville
12 months ago 38

Don’t Wait to File a Track One Request if You Think You Might Need It

The Track One program was instituted on September 23, 2011, as part of the America Invents Act. Known officially as the “Prioritized Patent Examination Program,” the USPTO promises a …

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
1 year 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
1 year ago 2

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
1 year ago 37

The Number of Unique Patent Assertions Has Been Declining Since 2010

The analysis of unique patent numbers asserted each year surprisingly suggested a decline since 2010. This is an important measure, because it shows that the rise in the …
By Pedram Sameni
1 year ago 0

Supreme Court decides Cuozzo Speed Technologies: BRI proper, IPR institution not appealable

In a unanimous decision delivered by Justice Breyer in Cuozzo Speed Technologies, LLC v. Lee, the United States Supreme Court upheld the United States Patent Office’s …
By Audrey Ogurchak
1 year ago 11

Termination of an OED Disciplinary Proceeding: How A SOL Defense May Be Properly Construed

The Hearing Order concluded that the parties raised sufficient issues of material fact to warrant the ready-to-go Hearing to determine when respondent’s alleged misconduct was actually “…
By Steve Lipman
1 year ago 2

Reflections of the Patent Bar Exam

Recently I took and passed, on my second attempt, the United States Patent & Trademark Office Registration (bar) Exam. It is a daunting experience but manageable with some …

Patent Office Issues New AIA Rules

The U.S. Patent and Trademark Office recently issued an updated set of rules affecting trial practice before the Patent Trial and Appeal Board. In large part, …
By Christopher King
1 year ago 2

Book Review: Patents After the AIA: Evolving Law and Practice

The treatise presents both practical and strategic advice regarding the preparation, prosecution, evaluation, enforcement, and litigation of U.S. utility patents after the passage of the AIA …
By David Kappos
1 year ago 4