One week ago, the United States Supreme Court issued two decisions pertaining to inter partes review (IPR) challenges at the Patent Trial and Appeal Board (PTAB). In Oil States v. Greene’s Energy, the Court found that IPRs are not unconstitutional under either Article III or the Seventh Amendment of the U.S. Constitution. In SAS Institute v. Iancu, the Court ruled that there is no support for partial institution of IPR petitions, and that the PTAB is required to issue a final written decision deciding the patentability of all challenged claims.
Meanwhile, the United States Patent and Trademark Office has issued fresh patent eligibility guidance thanks to the Federal Circuit’s recent decision in Berkheimer v. HP, which requires patent examiners to factually support determinations that elements are conventional, routine or well-known.
The Senate Judiciary Committee has also recently held an oversight hearing, and some observers came away thinking USPTO Director Andrei Iancu may be inviting the Senate to consider legislatively fixing § 101.
Members of the Trump Administration, including Commerce Secretary Wilbur Ross, Director Iancu, NIST Director Walter Copan and Assistant Attorney General for Antitrust Makan Delrahim have all been giving speeches that seem to openly be raising the bar and consciously providing an air of optimism for the pro-patent community.
Against this backdrop we will have a wide ranging, free-flowing discussion on the state of the U.S. patent system. Join Gene Quinn and Todd Dickinson, former USPTO Director and current Senior Partner at Polsinelli, on Thursday, May 3, 2018, at 12pm EST, for a free webinar.