Patent Owner’s Perspective of the PTAB

Patent Owner’s Perspective of the PTAB

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USPTO Director Kathi Vidal recently wrote on the Director’s Blog about how wonderful the PTAB has been, saying in part: “Since AIA proceedings began over a decade ago, almost 70% of challenged patents have been upheld at the PTAB.” Simply stated, Director Vidal is wrong. This mischaracterization is enabled by a belief that a settlement by the patent owner is a victory and not a capitulation. It is also based on the belief that a victory at the institution is a win for the patent owner, which would make sense except for the fact that an institution victory doesn’t prevent the patent from being challenged again and again, which is the common reality facing patent owners.

When you actually look past the misleading top-line PTAB stats the PTO does actually admit that out of those patents that reach a final written decision 85% lose at least one claim and 70% lost all claims. That is the reality for patent owners. If the PTAB issues a final decision you are virtually certain to lose, and these statistics have largely remained unchanged, with only minimal fluctuation since the inception of the PTAB in 2012. The way the rules are structured, and the way patent owners have witnessed the PTAB operate, confirms that no patent is safe ever.

This panel of patent owners and patent owner representatives will discuss the reality facing patent owners, the decisions that must be made regarding whether to fight or capitulate, and the myriad of substantive and procedural issues that stand between the patent owner and the ultimate victory at the PTAB.

Materials

False USPTO Narratives and the Urgent Need for PTAB Reform

Recent Statistics Show PTAB Invalidation Rates Continue to Climb

Finding the Trolls: My Mission to Understand Why We Need the PTAB

The PTAB’s 70% All-Claims Invalidation Rate Continues to Be a Source of Concern

Survey

https://www.surveymonkey.com/r/Patent-Owners-Perspective-of-the-PTAB