Busting 3 Myths About The Patent Trial And Appeal Board

By Brian Berliner, Sina Aria and Alex Boyadjian (August 9, 2018, 2:04 PM EDT) -- Ever since the America Invents Act created a new framework for challenging the validity of patents, critics have charged that the proceedings unfairly favor petitioners.[1] In the wake of recent U.S. Supreme Court challenges, there have even been calls for the AIA process to be repealed or overhauled.[2] Such drastic proposals, however, often rest on incomplete facts and outdated perceptions. In this article, we address three common myths: (1) the Patent Trial and Appeal Board is a "death squad" for patents; (2) patent owners too often endure serial challenges to the same patent, and (3) absent an off-ramp, patent owners lack a fair opportunity to amend claims in AIA proceedings. As our review of PTAB data shows, AIA proceedings have been sufficiently fair to patent owners. There is no justification for radical changes....

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