Posts Tagged: AIA 5th Anniversary
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 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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
The only solution for the transgressions of the PTAB is to disband this runaway tribunal
Hiring senior associates to be Administrative Patent Judges was a mistake, hiring so many senior associates from the same firm was an even bigger mistake. Making it …
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 …
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 …
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 …
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 …
