End-Of-2016 Checkup Shows Patent System Is Healthy

Law360, New York (March 17, 2017, 11:10 AM EDT) -- The America Invents Act instituted various post patent-grant challenge procedures such as the inter partes review, the covered business method review and the post-grant review. Statistics tracking the effects of the AIA demonstrate the success of these challenge procedures, administered by the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, in cost-effectively addressing improvidently granted patents and increasing the strength and quality of U.S. patents generally. If anything, we are now seeing evidence through serial and other abusive resort to the post-grant challenge procedures that those procedures may in some ways go too far, placing unfair risk and burdens on good faith patent holders and depriving legitimate innovators of quiet title to their hard-won innovations....

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