01.03.18

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2017 a Good Year for the US Appeal Board Dealing With Patents (PTAB): Another All-Time Record, Invalidating Low-Quality US Patents

Posted in America, Patents at 4:44 am by Dr. Roy Schestowitz

Related: Patent Trial and Appeal Board (PTAB) Defended by Technology Giants, by Small Companies, by US Congress and by Judges, So Why Does USPTO Make It Less Accessible?

Cork

Summary: Some good news for the start of the year as the Patent Trial and Appeal Board (PTAB) receives a record number of petitions in spite of the fees going up

THE USPTO‘s Director recently had PTAB fees raised considerably (price hikes), but that wasn’t enough to stop PTAB.

According to a longtime PTAB tracker, in spite of all the FUD and the immature smears from the patent microcosm, PTAB still breaks new records and last year was another record year. Here are the numbers:

A record number of PTAB petitions were filed last year, edging out 2015’s figure by one, according to data pulled from the Docket Navigator database. PGRs were more popular than CBMs for the first time last year

The number of petitions filed at the Patent Trial and Appeal Board (PTAB) in 2017 was one higher than the previous record, according to figures pulled by Managing IP from the Docket Navigator database.

“We expect that later this year the Supreme Court will legitimise PTAB even further.”Don’t assume that PTAB bashers will let it be; they will continue to do anything within their capacity to eliminate or at least slow down PTAB. We shall be watching them. Now that PTAB IPRs are more expensive, and a potentially new Director will be appointed soon, there may be more attacks on PTAB on their way and a possible slowdown too (fee increases lead to that). “Foley & Lardner will be offering a webinar entitled “PTAB — A Year in Review” on January 18, 2018 from 1:00 to 2:00 pm (CST),” says this page, but remember that Foley & Lardner is part of the patent microcosm, so this “webinar” (fancy word for marketing) will do much of the expected things, just like other “webcasts” advertised a few days ago in this blog, e.g. [1, 2].

We expect that later this year the Supreme Court will legitimise PTAB even further. The Oil States case certainly seems to be heading in that direction, judging by early hearings (transcripts thereof).

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