PTAB Trials Disproportionately Harm Small Businesses

By Josh Malone (January 29, 2021, 5:17 PM EST) -- I am a firm believer that the purpose our patent system, as set out in Article I, Section 8, Clause 8 of the U.S. Constitution, is to "promote the progress of ... useful arts" by "securing for limited times to ... inventors the exclusive right to their ... discoveries."

However, unpredictability in Patent Trial and Appeal Board proceedings is paralyzing inventors who cannot obtain investment to develop and manufacture inventions or obtain licenses to commercialize them. At the PTAB, burdens of proof are reduced while subjective determinations are calibrated to err on the side of invalidation.

Specifically the reasonable likelihood standard for...

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