The State Of The Patent System: A Look At The Numbers

By David Kappos (November 27, 2017, 10:02 AM EST) -- Patent lawsuits continue to decline in the U.S., now at or below rates last seen at the depths of the Great Recession. Meanwhile, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office continues with a caseload that remains an incredible three times what was predicted when the America Invents Act first became law. Additionally, Section 101 invalidation rates remain at frightful levels that beg for legislative intervention to correct the chaos caused by the U.S. Supreme Court decisions of the last several years. Finally, recent data has shown that the Supreme Court's decision in TC Heartland has had a dramatic effect on the demographics of lawsuit filings, moving a large volume of cases out of Eastern District of Texas. and into other courts such as Delaware and the Northern District of California....

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