Reforming the PTAB: What Can and Should be Done? (90 min)

Reforming the PTAB: What Can and Should be Done? (90 min)

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The drafters of the AIA intended the PTAB to be a cheaper and faster alternative to district court litigation. They thought that in providing that alternative, the PTAB would encourage innovation, create jobs, and generally modernize the U.S. patent system. While there are a variety of viewpoints on the PTAB, including whether it should continue to exist, it is difficult to argue with the proposition that the PTAB is not living up to its original purpose. The PTAB has proved to be anything but a “cheap alternative to district court litigation”, and is frequently the opening salvo in litigation, which means it has only increased time and expense.

While many believe the PTAB has become little more than a tool of harassment large companies can deploy against smaller rivals whose patents they are infringing, there is little doubt that a restructured PTAB could fulfill the original objectives of the AIA while being a fair forum for both petitioners and patent owners. But figuring out what will make the PTAB a fair forum with due process for all is only part of the issue. This expanded 90-minute panel will tackle a variety of issues.

What is politically feasible in terms of legislative reform? What can be accomplished through rulemaking? What is likely to be accomplished by the end of a Biden first term? What if we were to start over to remake the PTAB, how would things be done differently?

We are also pleased to be joined by Candice Wright, Director of Science, Technology Assessment, and Analytics at the U.S. Government Accountability Office, to discuss the GAO‘s recently released report on the PTAB and the GAO’s recommendations for increased transparency.

Materials*

Fixing the PTAB: ‘Why Are We Doing It This Way?’

The PTAB Desperately Needs Reform, Not Preservation

House IP Subcommittee Drills Down on GAO’s Preliminary Findings that PTAB Judges are Being Influenced by USPTO Leadership

The PTAB Reform Act Will Make the PTAB’s Problems Worse

A Kinder, Gentler ‘Death Squad’: Ten Years in, Despite Some Reforms, the USPTO is Still Killing U.S. Patents

* A Note on Materials: For live, in-person programs we apply for MCLE in Virginia, as well as other jurisdictions (see the MCLE tab in the navigation bar above). MCLE regulations require substantive writing on the topic covered during the presentation. The materials provided, often published by IPWatchdog.com authors and contributors, relate to the topic but are not intended to pigeonhole guest speakers in any way. They are intended to be informative and elucidate the issues that will be discussed, although not necessarily represent the point of view that will be taken by any particular panelist. To date, the articles we have selected have always been sufficient to satisfy MCLE authorities.